Implementation of recommendations of Shetty Pay Commission: DB directs for filing Action Taken Report



JAMMU: In a petition filed by employees borne on cadre of Subordinate Courts through JEWA State President Mangat Ram Parihar & Ors seeking implementation of Shetty Commission Report so far as recommendations pertaining to Ministerial staff working in the Subordinate Courts in the State of Jammu and Kashmir are concerned, which was agreed to by State Government and, to pay arrears which are admissible to Ministerial Staff working in the Subordinate Courts by implementing Shetty Commission report w.e.f., April 1, 2003, a Division Bench of J&K High Court Jammu wing comprising Chief Justice Pankaj Mithal and Justice Javed Iqbal Wani directed Chief Secretary, B V R Subrahmanyam ; Law Secretary, Achal Sethi and Principal Secretary Finance, Dr. Arun Kumar Mehta to file Action Taken Report (ATR), failing which they have to appear in person.
DB, after perusal of record, revealed that basic purpose of filing this petition is for implementation of recommendations of Shetty Pay Commission w.e.f., April 1, 2003 as has also been directed by Supreme Court vide Judgment/Order dated October 7, 2009 passed in the writ petition India Judges’ Association and others vs. Union of India & others.
During course of hearing Sr Adv Pranav Kohli Amicus Curiae submitted an affidavit of Mangat Ram Parihar, who is one of the Section Officers in the subordinate courts of Union Territory of J&K, and has elaborately pinpointed shortcomings in the implementation of Shetty Commission recommendations.
Division Bench after reading aforesaid affidavit revealed that even High Court/ Registrar General has not cared to take necessary steps to remove or cure deficiencies pointed out in the affidavit. At the same time, the State has also not taken any effective steps for creation of posts and removal of other anomalies as referred to therein.
DB further observed that court vide order dated September 28, 2020 has directed for incorporating Chief Secretary B V R Subrahmanyam; Law Secretary Achal Sethi and Principal Secretary Finance, Dr Arun Kumar Mehta as respondents, probably in proceedings for contempt initiated for disobedience of orders of High Court passed in this petition from time to time.
However, neither the Registrar General nor the above officers have cared to file any further report before this Court after aforesaid order or filing of the affidavit by Pranav Kohli so as to come out with case that short-comings pointed out have been removed and recommendations of Shetty Commission has been implemented in full.
In view of the aforesaid facts and circumstances, Division Bench observed, “In interest of justice, as a last opportunity, we allow all these officers to respond to affidavit dated February 18, 2020 of Mangat Ram Parihar filed by Amicus Curiae and to inform the court if any action so as to remove shortcomings pointed out therein have been taken or the time within which they are proposed to be removed.” DB further ordered that in case, such an action taken report is not filed within a period of one month from today, all the above officers would remain present before court on the next date i.e., March 18, 2021.


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