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| High Court Directs Implementation of Shetty Commission Report for Subordinate Court Ministerial Staff | | | Early Times Report
JAMMU, July 22: In response to a petition filed by employees working in the cadre of Subordinate Courts through JEWA State, seeking the implementation of the Shetty Commission Report for Ministerial staff in the Subordinate Courts of Jammu and Kashmir, the State Government has been directed by a Division Bench of the Jammu & Kashmir and Ladakh High Court to take necessary action and provide the recommended benefits retrospectively from April 1, 2003.
The Division Bench, comprising Justice Sanjeev Kumar and Justice Mohan Lal, heard arguments from both sides and dismissed the plea of respondent No.1, which contended that posts could not be created retrospectively. The Bench asserted that creating posts from a retrospective date to comply with the judgment of a competent Court of jurisdiction was well within the principles of service jurisprudence.
Furthermore, the High Court and the Department of Law, Justice, and Parliamentary Affairs have been ordered to file their respective action taken reports regarding the implementation of the Shetty Commission's recommendations by the next date of hearing.
During the hearing, it was revealed that the petitioners sought initiation of contempt proceedings against the respondents for non-compliance with the judgment passed by the Court in SWP No. 53/2011 on March 9, 2016.
Respondent No.1 (Union Territory of J&K) had previously claimed that they had complied with the Shetty Commission's recommendations, but this position was disputed by Mr. Sunil Sethi, learned senior counsel, who pointed out that some crucial recommendations were yet to be implemented.
Following this dispute, the Court granted two weeks' time to the petitioners to file an affidavit in rebuttal to the action taken report filed by respondent No.1. The petitioners subsequently filed the required affidavit, highlighting the recommendations of the Shetty Commission that had not been implemented by the respondents.
In response to the affidavits and action taken reports filed by the Department of Law, Justice, and Parliamentary Affairs, it was evident that certain recommendations of the Shetty Commission were still pending compliance.
The Division Bench has now urged the concerned authorities to ensure the proper implementation of the Shetty Commission's recommendations for the benefit of the Ministerial staff in the Subordinate Courts and to address any outstanding issues in the matter. |
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