JAMMU, Feb 15: In contempt petition filed by the employees borne on the cadre of Subordinate Courts over delay in implementation of Shetty Commission report, Division Bench of State High Court comprising Chief Justice N Paul Vasanthakumar and Justice Tashi Rabstan today directed the Law Secretary to appear in person on February 20 for not taking the court directions seriously.
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 March 21, 1996 headed by Justice Jagannath Shetty, a former judge of the Supreme Court.
The 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 for broadening the scope of consideration of National Judicial Pay Commission to improve the conditions of the ministerial staff of Subordinate Courts.
The Commission finally submitted various recommendations in favour of the Ministerial Staff vis-à-vis working conditions and restructuring, removal of pay anomalies and grant of higher pay scales and advance increments etc. The Supreme Court, thereafter, directed all State Governments to consider implementation of the recommendations and in view of dilly-dallying approach of the State Governments, the Supreme Court by order dated October 7, 2009 gave directions to all the High Courts to ensure implementation of the recommendations of Shetty Pay Commission within reasonable period and preferably within one year.
According to the petitioners, the High Court administratively took up the matter with the State Government for implementation of the recommendations of the Shetty Pay Commission and on March 4, 2010 the High Court requested the Commissioner/Secretary Law to implement the recommendations but till date the order has not been complied with.