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| HC directs CS to implement Shetty Commission Report | | | Early Times Report
Jammu, Apr 2: A high court division bench of Chief Justice N Paul Vasanthakumar and Justice Tashi Rabstan has directed the state chief secretary to implement within three months the recommendations of Shetty Commission with effect from April 1, 2003, as agreed by then J&K chief minister.
The court directive came in a petition, seeking implementation of the report as far as the recommendations pertaining to the ministerial staff working in subordinate courts of the state are concerned. The state 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. It was also recorded in the minutes on April 2, 2008.
The case of the petitioners is that as per a resolution of Union Ministry of Law, Justice and Company Affairs, the 1st National Judicial Pay Commission was constituted by the Centre on March 21, 1996. It was headed by Justice Jagannath Shetty, a former SC judge. The commission submitted its report regarding the pay structure of judicial officers of subordinate judiciary in November 1999 and thereafter, considered the grievances of ministerial staff of subordinate judiciary as per the SC directions.
The commission finally submitted various recommendations in favour of ministerial staff, including removal of pay anomalies, grant of higher pay scales and advance increments. The SC thereafter considered the recommendations and directed all state governments to consider them.
As no steps were taken by the state governments in this regard, SC on October 7, 2009 ordered all the high courts to ensure implementation of Shetty Pay Commission recommendations by state governments within a reasonable period and preferably within one year and if it was further delayed, the high courts were granted liberty to entertain writ petitions on judicial and administrative side, with a further direction that the High Courts should 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 J&K high court Chief Justice with then Chief Minister on April 2, 2008 and after deliberations, it was agreed by the state government to implement the Shetty Pay Commission recommendations in a phased manner after ascertaining the financial implications. A monitoring committee was also formed under the chairmanship of chief secretary.
The high court Registrar General was a member of this committee.
The court on March 4, 2010 requested the law secretary to implement the recommendations, but till date nothinh had been done. HC observed that J&K could not deny the benefits which were ordered to be extended to the ministerial staff of subordinate courts in the state. "The state government cannot deny the benefits by stating any reason much less the financial constraint as the recommendations were made to pay the benefit from April 1, 2003 which the state had agreed to implemented in 2008. (JNF) |
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