DB notice in contempt petition

Excelsior Correspondent
JAMMU, Dec 21: In a contempt petition filed by Judicial Employee of Subordinate Court seeking implementation of Shetty Commission, Division Bench of State High Court comprising Chief Justice N Paul Vasanthakumar and Justice Tashi Rabstan today issued notice to Senior Additional Advocate General for appearance on December 29, 2016.
After hearing Senior Advocate Sunil Sethi with Advocate Ankesh Chandel, DB observed, “it is evident that in spite of the receipt of the benefits under 6th Pay Commission, the employees of Subordinate Courts in all States are eligible to get the benefits as recommended by Shetty Commission if the same is beneficial”.
“Hence, the State of J&K cannot deny the benefits which were ordered to be extended to the Ministerial staff of the Subordinate Courts in the State of Jammu and Kashmir”, the DB said.
In Paragraph 21 of the judgment it was further held that wherever any issue is raised by any of the employees working in different States, such grievances raised by way of representation or by moving appropriate petitions in the respective High Courts shall be examined and appropriate orders passed wherever it finds that such grievances are to be redressed in tune with the orders.
“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 01.04.2003 which was agreed to be implemented by the State as early as in the year 2008”, the DB said.

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