High Court Reviews Judicial Employees' Unpaid Salary Increments

  • Maldives
  • Politics
PUBLISHED 23 January 2025

The Department of Judicial Administration (DJA) informed the High Court that the outstanding salary increments for judicial employees from 2017 to 2023 remain unpaid due to a lack of funds in the state budget.


Although the Employment Tribunal ruled in 2023 that judicial employees were entitled to these salary increments, it refrained from mandating payment, citing the absence of allocated funds in the state budget. Judicial employees subsequently appealed this decision to the High Court.


During the hearing, DJA acknowledged the employees' entitlement but maintained that the Public Finance Regulation prevents spending beyond the approved budget. DJA added that it had engaged with the Ministry of Finance to secure the necessary funds but faced challenges due to limited allocations.


The High Court bench raised several key questions. Judges asked whether courts should evaluate budget availability before awarding compensation and whether a lack of funds justified withholding payment. They also inquired if the Judicial Employees Regulations were introduced without sufficient coordination with state agencies.


DJA responded that the regulations had been developed in consultation with state agencies, but subsequent budgets failed to allocate funds for the increments. While the 2023 budget included the salary increment, it did not cover the outstanding amounts from prior years.


The court further questioned whether withholding increments aligned with the Employment Act and if it impacted other entitlements, such as overtime pay. DJA clarified that the increments were not withheld under conditions outlined in the law.


The bench also asked if DJA had made any specific efforts to resolve the issue following the tribunal's ruling. DJA noted uncertainty about additional steps taken after the decision.


The High Court announced that further hearings will be held to deliberate on the case.