- (1.) The petitioner is a member of the Punjab Civil Services (Judicial Branch) and is presently serving as Chief Judicial Magistrate in the State of Punjab. She is aggrieved by the order dated 13.11.2007 (Annexure P-3) to the extent it restricts the grant of three increments "not additional or special but only as "advance" increments.
(2.) In order to appreciate the issue involved, it may be mentioned here that the First National Judicial Pay Commission headed by Hon'ble Mr. Justice K. Jagannatha Shetty, a former Judge of the Supreme Court (popularly known as the 'Shetty Pay Commission') took notice of the anomalous situation prevailing in various States except Delhi and Rajasthan where "no additional benefit to a candidate selected for Civil Judge (Junior Division) possessing higher qualifications" was being granted. The Commission accordingly recommended as follows :- "8.48 If selected candidates are having a higher qualification like Post-Graduation in Law, we recommend that three advance increments be given as it is allowed by the Delhi Administration. It is an acknowledged fact that Post Graduation in Law is a difficult course and it is better to reward approximately such candidates. 8.49 But we do not propose to suggest any advance increments to those who are having more experience as Advocate than the minimum prescribed. Giving any advance increment for additional Bar practice is not proper. It should not be a bonus for those who have not been able to make their way immediately after acquiring the minimum qualification."
(3.) These recommendations have been purportedly implemented by the State of Punjab also by granting three advance increments to the candidates who were appointed as Civil Judges (Junior Division) with higher qualifications like L.L.M. The petitioner who possesses the L.L.M. Post Graduate Degree has also been granted these three increment but with a restriction imposed vide the impugned order dated 13.11.2007 (Annexure P-3) to treat them as "advance" increments only and not as "additional" or "special" increments.;