HC judges petition Court for pay hike

The High Court Judges Association yesterday filed a fundamental rights violation application, before the Supreme Court, against the National Salaries and Cadres Commission and its members.

The Judges said that the Commission failed to grant increased salaries/and an appropriate salary structure for judges. It had failed to treat the judiciary separate from the public service in the matter of salaries, and has been continuously treating the High Court Judges arbitrarily. The petition requested the Supreme Court to declare the violation of their fundamental rights enshrined in Article 12(1) of the Constitution of Sri Lanka.

The petitioner Association requested the Supreme Court to direct the respondent, the salaries and Cadres Commission, to recommend to the Cabinet of Ministers, an increased salary and an appropriate salary structure effective from January 1, 2007, taking into account the special circumstances, and to treat the judiciary, separate from the public service in salaries and other pre-requisites.

The petitioners requested the Supreme Court to order the respondent Commission to recommend a monthly pensionable allowance to High Court Judges, until the petition is determined.

The petitioner Association said that the respondent, the National Salaries and Cadres Commission, had failed to consider the distinctive character of the judiciary, the unique powers vested in it and the functions expected to be performed by the judiciary.

The petition said the present salary structure did not give adequate compensation for the special nature of the work, and the sacrifice made in choosing a judicial career. A revision of the salary structure was necessary to safeguard the independence of the judiciary and to promote public confidence in the administration of justice.

It said High Court Judges are vested with additional powers and duties, since the recent commencement of civil appellate High Courts.

Among the petitioners are the High Court Judges Association, its President, D. S. C. Lecamwasam [High Court Judge, Kandy], Thilak Tharbrew, the Secretary of the Association [High Court Judge, Colombo]} , S. M. S. Samarakoon Civil Appellate, High Court Judge, Gampaha, The Judicial Service Association, its President, Sisira Ratnayake, and its Secretary Nissanka Bandula Karunaratne.

Among the respondents are the National Salaries and Cadre Commission, Co-Chairmen Lionel Fernando and Palitha Mathew and the members of the Commission. Mrs. Dhammika Dharmadasa is instructing attorney in this application.