Executive Summary:
This notification outlines rules for providing domestic help to former Chief Justices of India and former Judges of the Supreme Court, as well as their surviving spouses. The rules detail eligibility, selection, contractual appointment, reimbursement of wages, and potential absorption of domestic help into the Supreme Court establishment. These rules came into force upon publication in the Official Gazette on November 25, 2016.
Key Points / Main Content:
* **Applicability and Definitions:**
* The rules apply to former Chief Justices of India, former Judges of the Supreme Court, and their surviving spouses.
* Defines key terms such as "Supreme Court," "Former Chief Justice," "Former Judge," "Spouse," and "Domestic Help."
* **Eligibility:**
* Former Justices are eligible if they are not receiving similar domestic help benefits from a High Court where they previously served or from a post-retirement appointment.
* **Selection and Contractual Appointment:**
* Former Justices may select their domestic help at their discretion.
* Engagement is contractual, contingent on satisfactory performance and the former Justice's continued entitlement to the benefit.
* **Reimbursement and Wages:**
* The Supreme Court reimburses the monthly remuneration of the domestic help.
* Wages are equivalent to the minimum salary of a Class-IV employee (peon or equivalent) of the Supreme Court, including dearness allowance and yearly increments.
* Reimbursement is limited to the equivalent of one domestic help, even if the former Justice engages more.
* **Continuance and Absorption:**
* Domestic help can remain on a contractual basis with satisfactory service.
* After ten years of service, domestic help may be considered for absorption into the Supreme Court's regular establishment based on recommendation and suitability, as judged by a committee of Judges.
* Absorption is capped at five percent of the total peon posts.
* **Secondment:**
* A current Class-IV employee of the Supreme Court can request to be seconded to serve a former Justice as domestic help.
* **Spouses:**
* Surviving spouses of former Justices receive the same domestic help benefits under the same terms.
* **Other Provisions:**
* Former Justices must certify that domestic help services under these rules are not claimed under any other provision or scheme.
* The Chief Justice's decision is final in any interpretation disputes.
Impact Analysis:
* **Former Chief Justices and Former Judges of the Supreme Court:**
* Impact: Entitled to the services of a domestic help, subject to eligibility criteria.
* Action Required: Select a domestic help, ensure satisfactory performance for continued service, and submit monthly reimbursement claims.
* **Surviving Spouses of Former Chief Justices and Former Judges:**
* Impact: Entitled to the same domestic help benefits as the former Justices.
* Action Required: Same as above for Former Chief Justices and Former Judges.
* **Domestic Help:**
* Impact: Opportunity for contractual employment with potential for long-term service and possible absorption into the Supreme Court establishment.
* Action Required: Provide satisfactory service as certified by the former Justice.
* **Supreme Court of India:**
* Impact: Responsible for reimbursing wages, considering absorption requests, and managing potential secondments.
* Action Required: Process reimbursement claims, establish a committee for evaluating absorption suitability, and manage secondment requests.
Key Entities Referenced
Supreme Court of India: The apex court of India, responsible for the administration of justice and the employer reimbursing the wages of the domestic help.
Chief Justice of India: The head of the Indian Judiciary and the Supreme Court, also the authority for interpreting the rules and resolving disputes.
Former Chief Justices of India: Individuals who have previously held the office of Chief Justice of India and are eligible for the domestic help benefit.
Former Judges of the Supreme Court: Individuals who have previously served as judges of the Supreme Court and are eligible for the domestic help benefit.
Domestic Help: The service provided to former Chief Justices and Judges of the Supreme Court, or their spouses, as outlined in the rules.
Official Gazette: The official government publication where the rules are published to bring them into effect.
Secretary General of the Supreme Court: The administrative head of the Supreme Court who receives requests from permanent employees seeking secondment as domestic help.
New Delhi: The location where the notification was issued and where the Government of India Press is located.
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EXTRAORDINARY
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PART I—Section 1
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No. 358] NEW DELHI, FRIDAY, NOVEMBER 25, 2016/AGRAHAYANA 4, 1938
SUPREME COURT OF INDIA
NOTIFICATION
New Delhi, the 24th November, 2016
Rules for providing Domestic Help to Former Chief Justices of
India and Former Judges of the Supreme Court
F. No.1/Domestic Help/2016/SCA(J).— 1These Rules shall be called the rules for providing ‘Domestic Help
to Former Chief Justices of India and Former Judges of the Supreme Court.’
2. The Rules shall come into force from the date of publication of the Rules in the Official Gazette.
3. Applicability
The Rules shall apply to a person who has held office either as a Chief Justice of India or as a Judge of the
Supreme Court.
4. Definitions
(i) Supreme Court means the Supreme Court of India;
(ii) Former Chief Justice means a person who has held office of the Chief Justice of India;
(iii) Former Judge means a person who has held office of a Judge of the Supreme Court;
(iv) Spouse means the wife or, as the case may be, the husband surviving a former Chief Justice or former
Judge upon his or her death while in office or after retirement;
(v) Domestic Help means the assistance of a helper to be provided to a former Chief Justice or a former Judge
of the Supreme Court, or to his or her spouse at the expense of the Supreme Court.
5. Eligibility
A former Chief Justice or a former Judge of the Supreme Court shall be entitled to avail of the services of a
Domestic Help, if:
(a) The facility of a Domestic Help is not being provided to and if provided but not availed by the former Chief Justice
or, as the case may be, former Judge of the Supreme Court by the High Court in which the Chief Justice or the
Judge may have served prior to his/her appointment as a Judge of the Supreme Court;
(b) No facility of a Domestic Help is attached to the office or post to which the former Chief Justice or former Judge is
appointed after retirement.
5443 GI/2016 (1)2 THE GAZETTE OF INDIA : EXTRAORDINARY [PART I—SEC. 1]
6. Selection of Domestic Help
The former Chief Justice or, as the case may be, former Judge may at her or his discretion select a person to be
engaged as a Domestic Help.
7. Contractual appointment
The engagement of a Domestic Help under Rule 6 shall be on a contractual basis and will be available until the
former Chief Justice or former Judge is entitled to the benefit of the facility under Rule 5 and until the Domestic
Help performs duties satisfactorily subject to the certification of the former Chief Justice or former Judge.
8. Reimbursement
Upon engagement, the monthly remuneration payable to the Domestic Help shall be reimbursed by the Supreme
Court to the former Chief Justice or former Judge, as the case may be, at the end of every month.
9. Wages
The wages to be reimbursed by the Supreme Court to the former Chief Justice or former Judge for the engagement
of a Domestic Help shall be equivalent to the salary payable to a Class-IV employee of the Supreme Court in the
grade of a peon or equivalent at the minimum of the scale of pay inclusive of dearness allowance, and yearly
increments as applicable.
10. The former Chief Justice or, as the case may be, former Judge may engage the services of one or more Domestic
Help but the Supreme Court shall pay wages equivalent only to what is payable for one Domestic Help at the rate
prescribed in Rule 9.
11. Continuance and absorption
(i) The Domestic Help engaged by a former Chief Justice or former Judge shall continue to remain on a
contractual basis so long as he or she renders satisfactory service, as certified by the former Chief Justice or
former Judge, as the case may be.
(ii) Upon completion of not less than ten years’ service, either with or without intermittent breaks, the services of
the contractually engaged Domestic Help may be considered for absorption on the regular establishment of
the Supreme Court, if the Domestic Help is recommended for regularization by the former Chief Justice or
former Judge concerned and is found suitable for regular absorption by a Committee of Judges constituted by
the Chief Justice to adjudge suitability.
(iii) The total number of posts to be filled in by way of absorption under clause (ii) above, shall not exceed more
than five percent of the total posts of peons borne on the establishment of the Supreme Court.
12. Secondment of a permanent employee
Notwithstanding anything contained in the above Rules, if a peon or equivalent holder of a Class-IV post who is
borne on the establishment of the Supreme Court, furnishes to the Secretary General of the Supreme Court, a
request in writing to serve a former Chief Justice or former Judge and the services of such an employee are
acceptable to the former Chief Justice or, as the case may be, former Judge, he or she may be seconded to work as
a Domestic Help until the Domestic Help attains the age of superannuation and/or so long as the former Chief
Justice or former Judge is entitled to this facility and desires to retain his/her services.
13. Spouses
The facility which is extended under the aforesaid provisions to a former Chief Justice or former Judge of the
Supreme Court shall be provided on the same terms and conditions to the surviving spouse of a former Chief
Justice or former Judge, as the case may be, during the lifetime of the spouse.
14. The Chief Justice or former Judge may avail of any other provision or scheme for reimbursement of salary payable
to secretarial or other help subject to certifying that the services of a Domestic Help provided or reimbursed under
these Rules shall not form the basis of a claim under any other provision or scheme.
15. Interpretation
In the event of any question or dispute arising in regard to the interpretation of these Rules, the Chief Justice shall
be competent to take a decision in that regard which shall be final and binding in all respects.
By Order and under the authority of
Chief Justice of India.
R.N. NIJHAWAN, Registrar (Admn.J)
Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064
and Published by the Controller of Publications, Delhi-110054.