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news details
HC directives in contempt petition seeking Shetty Commission Report implementation
4/21/2017 10:34:50 PM
Early Times Report
Jammu, Apr 21 : In a petition, seeking implementation of Shetty Commission Report as regards the recommendations pertaining to the ministerial staff of subordinate courts, a high court division bench of Chief Justice Baddar Durez Ahmed and Justice Alok Aradhe today directed Registrar General to provide details of financial implications within a week and forward them to the law department for compliance.
The bench also directed that the court directions be implemented within two weeks. It has been stated in the petition that the government had agreed to pay arrears which were admissible to the ministerial staff working in subordinate courts by implementing the Shetty Commission report with effect from April 1, 2003.
The case of petitioners is that as per the resolution of Ministry of Law, Justice and Company Affairs, first National Judicial Pay Commission was constituted by the Government of India on March 21, 1996. It was headed by Justice Jagannath Shetty, a former Supreme Court judge. The commission submitted its report regarding the pay structure of judicial officers of subordinate judiciary during November 1999 and thereafter, considered the grievances of ministerial staff of subordinate courts as per SC directions issued in All India Judicial Employees Confederation for broadening the scope of consideration of National Judicial Pay Commission.
The commission had made various recommendations in favour of the ministerial staff so far as working conditions and restructuring, removal of pay anomalies and grant of higher pay scales and advance increments were concerned. The SC had considered these recommendations and directed all state governments to consider them. The SC, in its order of October 7, 2009, had given directions to all the high courts to ensure implementation of the recommendations of Shetty Pay Commission by State Governments within reasonable period and preferably within one year and if it was delayed further, high courts were granted liberty to entertain writ petitions on judicial and administrative side, with a further direction that high courts would see that the recommendations were implemented with effect from April 1, 2003.
According to the petitioners, the court had administratively taken up the matter with the state government in a meeting of then high court Chief Justice with then Chief Minister on April 2, 2008. The government had agreed to implement the Shetty Pay Commission recommendations in a phased manner after ascertaining the financial implications. The court had on March 4, 2010 asked the law secretary to implement the recommendations, but till date these had not been implemented.
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