Mohinder Verma
JAMMU, Oct 2: Supreme Court bench comprising Justice Aftab Alam and Justice Ranjana Prakash Desai has directed the Jammu and Kashmir Government to complete the process to implement the left over recommendations of Shetty and E Padmanabhan Commissions for the Judicial Officers of the State by October 15, 2012 and submit compliance report.
In the Writ Petition (Civil) No.1022 of 1989 titled All India Judges Association and Others Versus Union of India, the Apex Court, while passing strictures against the Jammu and Kashmir Government for its failure to implement the recommendations of both the Commissions, had on August 27, 2012 directed the State Government to hold meeting with the Registrar General of Jammu and Kashmir High Court and the applicants on September 10, 2012.
It was also directed by the Supreme Court that the proceedings of the meeting duly signed by all the participants should be submitted before the Bench for its consideration.
In pursuance to the directions of the Supreme Court, a meeting was convened in the Civil Secretariat, Srinagar. The meeting was attended by Principal Secretary, Finance Department, Mohd Iqbal Khanday, Registrar General, J&K High Court, Suresh Sharma, Secretary, Department of Law, Justice and Parliamentary Affairs, G H Tantray, District and Sessions Judge, A R Malik, former District and Sessions Judge and president Retired Judicial Officers Association, Harbans Lal, District and Sessions Judge Javad Ahmad, Director Codes, Finance Department and Special Secretary, Department of Law, Justice and Parliamentary Affairs.
In the meeting, consensus was emerged and Government agreed to implement the recommendations of Shetty and E Padmanabhan Commissions. Later, minutes of the meetings duly signed by all the participants were submitted before the Supreme Court on September 25, 2012. 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 held on September 10, 2012 in totality by October 15, 2012 and submission of compliance report.
As per the minutes of meeting held on September 10, the copy of which is available with EXCELSIOR, the Government has 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 to implement the recommendation of Justice E Padmanabhan Commission 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. It has also been decided that POL for pool vehicles wherever being used by the Judicial Officers will be increased from 75 litres to 125 litres as per the recommendations.
As per the decision taken in the September 10 meeting, a Judicial Officer will be entitled to reimbursement on account of electricity charges of 50 % of actual amount paid subject to maximum of Rs 700.
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 in the September 10 meeting that the qualifying service for retirees after January 1, 2006 would be slashed to 25 years as per Justice E Padmanabhan Commission recommendations.
The Government has also agreed to pay additional pension as per the recommendations of Justice E Padmanabhan Commission. It has also been decided by the State Government to provide medical facilities to retirees at par with in-services Judicial Officers. The Government has already notified the hospitals for such purpose and the list of the same will be provided to Registrar General of High Court for wide circulation.
The Government has further agreed to implement the recommendations of Justice E Padmanabhan Commission regarding Domestic Help Allowance and Medical Allowance to the retired Judicial Officers. About the special pay, it has been decided to continue the same as recommended by the Padmanabhan Commission as well.
It has also been decided that Finance Department and the Department of Law, Justice and Parliamentary Affairs will carry out the necessary amendments in the rules wherever required.
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