DB directives in contempt petition for seeking implementation of Shetty Commission

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Jammu Tawi, April 21
In petition is filed by the employees borne on the cadre of Subordinate Courts seeking implementation of Shetty Commission Report so far as recommendations pertaining to the Ministerial staff working in the Subordinate Courts in the State of Jammu and Kashmir are concerned, which was agreed to by the State Government and, to pay the arrears which are admissible to the Ministerial Staff working in the Subordinate Courts by implementing the Shetty Commission report w.e.f. April 1, 2003. A Division Bench of State High Court Comprising Chief Justice Baddar Durez Ahmed and Justice Alok Aradhe after hearing Sr. Adv Sunil Sethi appearing for the petitioners whereas Sr. AAG Seema Shekhar appearing for the state, directed that Registrar General of the state shall provide the details of the financial implications within a week and same shall be forwarded to law department fro compliance. Division Bench further directed the directions of the High Court be implemented within two weeks. The case of the petitioners is that as per the Resolution of Ministry of Law, Justice and Company Affairs (Department of Justice, Government of India) the 1st National Judicial Pay Commission was constituted by the Government of India on 21st March 1996 headed by Justice Jagannath Shetty, a former judge of the Supreme Court. The said Commission submitted its report regarding the pay structure of the Judicial Officers of the Subordinate Judiciary during November 1999 and thereafter, considered the grievances of the Ministerial Staff of the Subordinate Judiciary as per the directions issued by the Supreme Court in All India Judicial Employees Confederation for broadening the scope of consideration of National Judicial Pay Commission for improving the conditions of the Ministerial Staffs of subordinate courts as they being at pivotal position so far as working of the Subordinate Courts is concerned. The said Commission finally submitted 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, advance increments etc. The Supreme Court thereafter considered the said recommendations and directed all State Governments to consider implementation of the recommendations and no steps having been taken by the State Governments, the Supreme Court by order dated 07.10.2009 gave 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 the same is further delayed, the High Courts were granted liberty to entertain writ petitions/applications on Judicial and Administrative side, with a further directions that the High Courts shall see that the recommendations are implemented w.e.f. 01.04.2003. According to the petitioners, this Court administratively took up the matter with the State Government for implementation of the recommendations of the Shetty Pay Commission in the meeting of the then Chief Justice of this Court with the then Chief Minister on 2nd of April 2008 on this aspect and after deliberations, it was agreed by the State Government to implement the recommendations of the Shetty Pay Commission in a phased manner after
ascertaining the financial implications. In the said meeting, several issues were discussed and the issue pertaining to implementation of Shetty Commission in respect of the Ministerial staff of the Subordinate Courts was discussed as Agenda No.10. A Monitoring committee was constituted under the Chairmanship of Chief Secretary of which the Registrar General of this Court was a member and various meetings were held by the Monitoring committee. This Court on 04.03.2010 requested the Commissioner/Secretary law to implement the recommendations, but till date the recommendations are not implemented. JNF

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