🎓 Second NJPC & Higher Qualification Allowance: Why "One-Time Benefit" Is Not Justice Enough🎯

Capping of Merit, Sapping of Motivation

The long-awaited order No. 4013-J, dated 22.10.2024 on Higher Qualification Allowance for Judicial Officers of West Bengal, issued in pursuance of the Hon’ble Supreme Court’s decision in All India Judges’ Association v. Union of India, has finally seen the light of day. At first glance, it appears to be a welcome step toward rewarding academic excellence in the judiciary. But a closer reading reveals a significant and unjustifiable departure from the spirit of the Second National Judicial Pay Commission (SNJPC).

Click! to download the Order dated 22.10.2024

Higher Qualification Allowance Order.pdf

Download PDF • 1.13MB

📌 What the Order Says:

As per the Government Order:

A Judicial Officer with an LL.M. will get three advance increments, and one additional increment for a Ph.D. in Law.

These increments apply irrespective of when the qualification was acquired (before or during service).

However, the benefit is capped as a one-time allowance — i.e., it is not repeatable at every stage of promotion or ACP.

🧭 What SNJPC Recommended:

The SNJPC, whose recommendations were accepted with minor clarifications by the Hon’ble Supreme Court on 04.01.2024, envisaged higher qualification as a continuing value addition, deserving due recognition at each stage of a judge’s career — not a one-off bonus.

The intention was clear:

“Higher academic qualification shall be incentivised appropriately across career stages, to encourage pursuit of legal scholarship within the judiciary.”

⚖️ The Flawed Logic of “One-Time” Recognition

Let us reflect. If a judicial officer obtains an LL.M. or Ph.D., that additional expertise:

✅ Enhances judicial reasoning

✅ Bolsters legal research

✅ Benefits case disposal quality

✅Strengthens training and mentoring of juniors

Then why should this academic accomplishment be rewarded just once? The logic defeats the SNJPC’s foundational vision of a judiciary committed to lifelong learning and capacity-building.

This also leads to absurd anomalies:

Two officers—one without LL.M. and one with—draw same benefits at the next ACP or promotion stage, nullifying the incentive.

There is no continuity in recognising merit, reducing the allowance to a token.

📢 Our Humble Submission

We respectfully urge the Hon’ble Judicial Department and the Government of West Bengal to:

1. Reconsider Clause (b) of the Order, which limits the benefit to one-time only.

2. Allow the increments to roll over during each stage — especially during promotions, Selection Grade, and ACP.

3. Honour the spirit of the SNJPC as endorsed by the Supreme Court, not dilute it.

Let academic pursuit be not a closed chapter after induction into service, but a dynamic and ever-encouraged facet of a judicial officer's life.

📬 Let’s Keep the Conversation Going

Have you or your colleagues faced similar issues with the implementation of NJPC recommendations? Do you believe professional excellence and academic merit deserve periodic rewards?

Let’s raise the collective voice — not in dissent, but in the hope of reform that aligns rules with reason.

🔍Judicial Officers not having LLM Degree 📚

In the case of All India Judges Association v. Union of India, (2024 INSC 26), the Hon’ble Supreme Court held in Para 43:

🧾 “The advance increments for acquiring higher qualifications shall also be made available to officers who have acquired their degrees through distance learning programmes.”

🎯So don't wait. Even if the Hon'ble High Court does not grant you the permission for study LLM in regular course, do it through hybrid mode. One of the best option is opting for Hybrid LLM 📚 from O.P Jindal Global University.

Please follow the detailed blog post for hybrid LLM: CLICK HERE !

Coming Soon:

If a revised G.O. is issued aligning fully with SNJPC and SC directives, we will publish a follow-up blog titled “Judicial Merit Recognised Right: When Higher Education Meets Career Growth”. Stay tuned!