Neeraj Rohmetra
JAMMU, Nov 27: Bowing before the Supreme Court directive to issue SROs for implementation of the recommendations of Shetty and E Padmanabhan Commissions for the benefit of Judicial Officers, the State Government has initiated the process in this regard and all the required notifications are likely to be issued before December 3— the deadline set by the Supreme Court for extending these benefits.
Official sources told EXCELSIOR that the file pertaining to the implementation of the recommendations of both the Commissions had also got the approval of the Chief Minister and the required notifications are likely to be issued shortly.
“Notification has to be issued by the Law Department in consultation with Finance Department and all the formalities in this regard had been worked out. As recommended by both the Commissions, the notifications will dwell out on various provisions for extending the benefits to the in-service and retired judicial officers”, sources said adding, “the notification will also restore the provision of extending Super-time scale to seven District Judges, which had been earlier reduced to two in the State”.
Earlier, the Division Bench of the Apex Court comprising Justice Aftab Alam and Justice Ranjana Prakash Desai passed strictures for the failure of the Jammu and Kashmir Government to issue the necessary SROs in compliance with its directions issued earlier.
These strictures were passed by the Supreme Court while hearing the Writ Petition titled All India Judges Association Vs Union of India & Others.
Expressing its displeasure over the failure of the State Government to issue SROs for implementation of the recommendations of the two Commissions, the Bench had said, “even after grant of four weeks time by our previous order passed on October 15 to the State of Jammu and Kashmir, the necessary SROs are not issued in compliance with the directions of the Court”.
Sunil Fernandes, counsel appearing for the State, tried to explain that some delay has been caused due to the movement of the Darbar in the month of October. However, refusing to pay heed to his pleas, the Court said, “we are not satisfied with the explanation given by you. We, accordingly, direct that the necessary SROs be issued and produced before this Court on December 3, 3012”.
“In case of failure to do so, the Chief Secretary and Law Secretary of the State should remain personally present in the Court”, the Bench added.
Confirming that the State Government had initiated the process for issuing the necessary notifications, Secretary, Law, Justice and Parliamentary Affairs, G H Tantray told EXCELSIOR, “as per the directions of the Apex Court we have started the process and the necessary SROs will be issued soon”.
The Apex Court had also directed that a meeting involving the entire stakeholder should be held and the proceedings of the meeting duly signed by all the participants should be submitted before the Bench for its consideration. The meeting was held on September 10 in Civil Secretariat Srinagar and the State Government agreed for implementation of the leftover recommendations in toto.
Subsequently, the Apex Court bench comprising Justice Aftab Alam and Justice Ranjana Prakash Desai while appreciating the seriousness shown by the Government, issued directions for implementation of the decisions taken in the meeting by October 15, 2012 and submission of compliance report.
As per the minutes of meeting held on September 10, the Government had agreed to restore the position, as it existed before issuance of SRO-244 of 2011 dated August 5, 2011 with regard to strength in the Super Time Scale for the in-service Judicial Officers.
It has also been agreed by the State Government that arrears of Shetty Commission will be paid from November 1, 1999 to February 28, 2007 in pre-revised scales. It was also decided in the meeting that Government would implement the recommendations of Justice E Padmanabhan Commission regarding Concurrent Charge Allowance and reduce the period to 10 working days, which is at present 30 working days.
The Government has also agreed regarding reduction of period from 5 years to 3 years for Robe Allowance, which is paid to a Judicial Officer once in a five year of actual judicial service. The Government has already enhanced the Robe Allowance from Rs 5000 to Rs 6000.
About the independent vehicles to the Additional District Judges, it was stated in the meeting that High Court has number of vehicles at its disposal and deficiency, if any, will be worked out by Registrar General and thereafter taken up with the Law Department. About the reservation of allotment of sites for residential purposes, it has been decided that Department of Law, Justice and Parliamentary Affairs will take up the matter with the Housing Board for necessary action. As far as protocol status, the Government has already constituted a committee to look into the warrant of precedence and the protocol/ status of the Judges would be placed before the committee.
About the LTC/HTC Rules, it has been stated by the Government that Finance Department has already given concurrence to the amendment in rules and the same will be notified with the approval of Chief Minister. It has also been decided by the Government that the Judicial Officers, who have retired before January 1, 2006 will be paid pension as recommended by Shetty Commission and approved by the Supreme Court. It was also decided that the qualifying service for retirees after January 1, 2006 would be slashed to 25 years as per Justice E Padmanabhan Commission recommendations.
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