JUDGMENT : 1. The question regarding the compliance with the directions of this Court in the All India Judges Association case in regard to the 'Subordinate Judiciary has been hanging fire since quite some time. On the last occasion we had requested the learned counsel for the Association to furnish, to the Court a statement showing the extent of compliance/non-compliance by the respective Governments. We have been extending time for compliance but it seems that the State Governments have not taken our orders as seriously as they ought to have. This compels us to take action for non-compliance. Andhra Pradesh 2. So far as the State of Andhra Pradesh is concerned, in regard to grant of residential accommodation, all that has been done is to issue orders directing all the District Collectors in the State to take necessary action for providing residential accommodation to judicial officers in the respective Districts, dated 24.6.1995. Therefore,',after such a long lapse of time all that the Government has done is to issue paper directions rather than ensure grant of accommodation to judicial officers in the respective Districts. This is merely to skirt the issue. In regard to the provision for pool vehicles it appears that the matter is yet on the consultation stage between the concerned Department and the Finance Department of the State Government and in the meantime what has been done is by an order dated 22.3.1993 provision of vehicle at the rate of one vehicle for five officers is made by hiring vehicles where there are no vehicles. It is further stated that when the proposals of the High Court were referred to the Finance Department for their concurrence the Finance Department ruled out the purchase of vehicles which is a clear breach of the Court's direction. In regard to the grant of library/library allowances to be provided to each officer, it appears that the Home Department by G.O. dated 22.3.1995 issued necessary orders but the Finance Department has yet not released the funds. Even the G.O.has been issued recently after a lapse of several months. This is also indicative of a lack of sense of urgency as well as a desire to comply to this Court's order. Even the G.O.has been issued recently after a lapse of several months. This is also indicative of a lack of sense of urgency as well as a desire to comply to this Court's order. In the circumstances this Court is left with no alternative but to direct the Chief Secretary of the State of Andhra Pradesh and the Chief Secretary to the Finance Department of the State of Andhra Pradesh to show cause why action in contempt should not be taken against them. The notice will be returnable within six weeks. If the prima facie contempt is not purged by them it will be taken as an aggravative circumstances. Assam 3. In so far as the State of Assam is concerned, by and large it has complied with the directions of this Court. Learned counsel for the State of Assam has also informed us that 7 C.J. Ms. have already been provided with vehicles. As regard the library it is stated that necessary funds have been provided to the High Court for purchase of books but it appears that the funds are meagre. If that be so, the High Court. can request for additional funds, if the funds made available do not satisfy the need for purchasing almirahs and books for library purchases. So far as the State of Assam is concerned, we take it that there is substantial compliance. Bihar 4. So far as the State of Bihar is concerned, in regard to the residential accommodation, we find that out of 55 Districts, houses have been provided in 22 Districts only. In the remaining Districts we are told that the action is in progress which means compliance is less than 50 per cent. Mr.B.B. Singh, the learned Counsel for the State of Bihar, states,' that elsewhere the State Government will pay the rent for houses occupied by Judicial Officers in lieu of providing them with Government residential accommodation till provision is made in that behalf. However, it is necessary that Government accommodation should be made available in the remaining District also as early as possible. In regard to vehicles 88 pool cars have been provided and for the balance of 129 pool cars, Mr. B.B. Singh states a sum of Rs.2,76,69,225/- has been placed at the disposal of the Accountant General on 14.8.1995 (Annexure 2 of the Supplementary Counter affidavit). In regard to vehicles 88 pool cars have been provided and for the balance of 129 pool cars, Mr. B.B. Singh states a sum of Rs.2,76,69,225/- has been placed at the disposal of the Accountant General on 14.8.1995 (Annexure 2 of the Supplementary Counter affidavit). Thus the State Government has complied with the requirements and it is only a question of time for purchasing the pool cars. Therefore, so far as that is concerned, there is a substantial compliance. In regard to library, 50 lacs have been provided earlier and a further sum of Rs. 66,62,400/- has been provided by way of arrears. He, however, states that the High Court has demanded Rs. 1.57 crores for the total cadre strength of 1570 officers at the rate of Rs. 10,000/ - for each officer in a separate Public Interest Litigation against which the State has filed a Special Leave Petition. So far as we are concerned, we are only required to enforce our order and any deviation from that order is not a matter for us to enforce. We, therefore, assume that there is substantial compliance insofar as this requirement is concerned. The only thing, therefore, which the State Government is required to do is to ensure that houses are provided in the remaining Districts. We extend the time to enable the State to do so by another three months. Delhi 5. So far as Delhi is concerned, we. are told that 31 houses of Type IV have been offered to Judges but they are at a distance of almost 35 kilometers. That is the reason why the Judicial Officers have not been able to occupy those houses at such a long distance. While we appreciate the fact that houses in Delhi may not be easy to find and construction of accommodation may 'take an year's time as reported by counsel, the accommodation must be within a reasonable distance or else transport provision should be made by the State Government and the entitlement of petrol must be increased. If the Judges are expected to share pool vehicles or any coach is provided for to and for transport of the Judges from their residence to the Courts even then for other purposes, the Judges would be required to incur expenses for transport. If the Judges are expected to share pool vehicles or any coach is provided for to and for transport of the Judges from their residence to the Courts even then for other purposes, the Judges would be required to incur expenses for transport. Having regard to the long distance, the entitlement of 100 litres of petrol on the pool vehicles will not be sufficient in such circumstances. Learned counsel for Delhi states that some arrangement in this behalf will be worked out so that the Judicial Officers are in a position to occupy those houses and are not required to spend from their own pocket. It may also be clarified that if houses fall vacant in the city area, accommodation should be provided to the Judicial Officers on a priority basis so that the Judgment of this Court is complied with at an early date. As regards the grant of pool vehicles and residential library, we thinks there is substantial compliance. Gujarat 6. The State of Gujarat, it would appear, has provided houses to 276 Judicial Officers out of 598 whereas 322 are staying in private accommodation and the State Government had directed that rent in excess of their House Rent Allowance entitlement would be borne by the State Government. We must, however, emphasise that spirit of our order is to ensure that sufficient Government accommodation is made available to Judicial Officers so that when a new Judicial Officer is posted in a given township he need not go in search of private accommodation and come under anyone's obligation. This aspect of the matter must be borne in mind by the State Government not to become complacent and they should continue to provide Government accommodation to the remaining Judicial Officers also. We extend the time for three months so that the State Government is in a position to show further progress. 7. So far as District Judges/Principal Judge, city civil court, Ahmedabad are concerned they have been provided with independent vehicles. In addition thereto an allocation for the purchase of 55 pool, vehicles has been made and sanction orders recently issued on 29.7.1995. Counsel states that as far as she is aware the funds have been placed at the disposal of the High Court. She also states separate cars have also been allotted to Chief Judicial Magistrates over and above 55 pool vehicles sanctioned on 29.7.1995. Counsel states that as far as she is aware the funds have been placed at the disposal of the High Court. She also states separate cars have also been allotted to Chief Judicial Magistrates over and above 55 pool vehicles sanctioned on 29.7.1995. She should file an affidavit of a responsible officer in this behalf within four weeks. 8. As far as provision for library is concerned, we are told that an allocation of Rs.20 lacs has been made on 29.7.1995 for purchase of books for residential libraries. However, on behalf of the petitioner-Association we are told that the said amount is sanctioned for Court library and not residential libraries. Counsel for the State will clarify the position within four weeks from today. Haryana 9. As far as Haryana is concerned, we are told that out of 159, 131 Judicial Officers have been provided with Government accommodation. Out of the remaining Judicial Officers, 21 are residing in hired accommodation and 7 in their own houses. It would, therefore, . appear that there is substantial compliance so far as this requirement is concerned. In addition thereto we are told by the counsel for the State Government that Rs.539 lacs have been sanctioned for construction of houses for Judicial Officers and the amount has been placed at the disposal of the Judicial Officers. 10. Vehicles have already been provided to District Judges/ C.J. Ms. and 32 pool vehicles have been provided for Judicial Officers as per the direction of this Court. Counsel for the State Government says that this is the total requirement which has been so complied with. As far as Library is concerned, the funds have been placed at the disposal of the High Court and it is for the High Court to provide for the books. We are told on behalf of the Petitioner Association that the Registrar of the High Court has said that since the accommodation available to the Judicial Officers is not sufficient to house the Library, they have not been provided with residential libraries. The High Court should look into the matter and do the needful. Himachal Pradesh 11. The learned counsel for the State of Himachal Pradesh says that all the directions has been complied with substantially as per the letter of compliance received by him. The High Court should look into the matter and do the needful. Himachal Pradesh 11. The learned counsel for the State of Himachal Pradesh says that all the directions has been complied with substantially as per the letter of compliance received by him. He should place the letter of compliance on record and if there is any doubt in regard to compliance that may be pointed out by the Association on the next date of hearing. Jammu & Kashmir 12. So far as the State of J & K is concerned, there is substantial compliance notwithstanding the disturbed conditions. The difficulty in regard to accommodation has been caused on account of the militants having burnt down buildings etc. We think having regard to the special difficulties of that State we must proceed on the premise that the State is keen to provide accommodation but has its own difficulties on account of the disturbed conditions. We do hope that the State will continue to make its efforts to complete total compliance in regard to houses. Karnataka 13. State of Karnataka has substantially complied with the directions except that C.J.Ms. have not been provided with independent vehicles. Counsel States that he will look into the matter and instruct the Government appropriately. Let the compliance report in that behalf be filed within four weeks. Kerala 14. Counsel for the State of Kerala states that directions have been issued on 18.7.1995 to all District Collectors to arrange requisitioned accommodation wherever necessary. He further states that as many as 200 new houses have to be constructed and that will take some time and, therefore, in the meantime, private accommodation is being arranged and rent in excess of the H.R.A. entitlement will be borne by the State Government. He also states that a District level Committee has been set up in this behalf to ensure provisions for residential accommodation to Judicial Officers. He further states that 29 pool vehicles have been sanctioned. An affidavit in that behalf should be filed within three months to clarify what provision has been made. Money has already been placed at the disposal of the High Court Registrar for purchasing new cars. Conveyance allowance is provided to those who are owning their own vehicles and are desirous of retaining them. In so far as library is concerned, 26.7 lacs have in all been sanctioned. Money has already been placed at the disposal of the High Court Registrar for purchasing new cars. Conveyance allowance is provided to those who are owning their own vehicles and are desirous of retaining them. In so far as library is concerned, 26.7 lacs have in all been sanctioned. Therefore, it would seem that so far as the State of Kerala is concerned, there is substantial compliance. Madhya Pradesh 15. Counsel for the State of Madhya Pradesh states that out of 1000 Judicial Officers 700 have already been provided with the Government/requisitioned accommodation and action is being taken to provide accommodation to rest of the 300 Judicial Officers. As sum of Rs.9.56 crores has also been sanctioned for the financial year 1994-95 for construction of new houses for Judicial Officers. There is, therefore, by and large substantial compliance except that the counsel for the State Government will file an affidavit as to what progress ,has been made in regard to 300 Judicial Officers who have not been provided with residential accommodation. This may be done within three weeks. 16. So far as grant of vehicles is concerned, independent vehicles have been provided to District Judges/C.J.Ms. and in regard to other Judicial Officers pool cars have been provided and where the Government car is not available the Government has requisitioned cars and made them available. Further to that provision a sum of Rs. 1.69 crores has been made for purchase of cars. Counsel for the State Government says that some Judicial Officers have not taken pool cars since their Association has filed a petition demanding conveyance allowance in lieu of pool cars. So far as the compliance of this court's order is concerned, one cannot say that there is no compliance because the Government is providing them pool cars and they are not ready to take the advantage of that. 17. So far as the library is concerned, compliance has been done. Maharashtra: 18. Counsel for the State of Maharashtra says that accommodation has been provided practically to all judicial officers except 36 Judges who are living in transit accommodation in the city of Bombay because of non-availability of accommodation. He states that special steps are being taken to provide them with accommodation notwithstanding the paucity of accommodation. Maharashtra: 18. Counsel for the State of Maharashtra says that accommodation has been provided practically to all judicial officers except 36 Judges who are living in transit accommodation in the city of Bombay because of non-availability of accommodation. He states that special steps are being taken to provide them with accommodation notwithstanding the paucity of accommodation. We direct that they should be given accommodation on priority basis as and when Government accommodation falls vacant and the same is of their entitlement. The other requirements as to provision of vehicles and library have been complied and the amount has also been sanctioned and placed -at the disposal of the High court for utilisation. Orissa: 19. So far as the State of Orissa is concerned, in regard to providing accommodation for judicial officers it seems that funds have been provided for construction of 85 new houses but in the meantime some arrangement has to be made to provide accommodation. Counsel states that on the 30th of July, 1995 instructions have been issued to all District Collectors to requisition/hire houses to provide accommodation to judicial officers. This Will be the responsibility of the District Collector and not district Judges. We grant three months time to the State Government to take action on the requisitioning of the houses of the standard meant for judicial officers till new constructions materialise. The directions in regard to vehicles, libraries have been complied with substantially. Punjab: 20. Learned counsel for the State of Punjab places on record a letter dated 28.8.1995 of the Secretary, Home (J & J) which states that residential accommodation has been provided to all judicial officers in the State of Punjab. The directions in regard to vehicles and library have also been complied with. Pondicherry: 21. So far as Pondicherry is concerned there is substantial compliance. Rajasthan: 22. So far as Rajasthan is concerned there is no complaint since there is substantial compliance. Tamil Nadu: 23. As far as State of Tamil Nadu is concerned there is substantial compliance save and except the grievance that the accommodation has not been provided in the city of Madras presumably on account of the paucity of accommodation. Counsel for the State Government says that steps will be taken to -. hire requisition accommodation till Government accommodation becomes available. Let counsel report compliance within three months. Counsel for the State Government says that steps will be taken to -. hire requisition accommodation till Government accommodation becomes available. Let counsel report compliance within three months. In regard to the grant of vehicles and library allowance the needful has been done. Uttar Pradesh: 24. So far as the State of U.P. is concerned there is by and large substantial compliance except that some judicial officers have a grievance that the accommodation provided to them is not as per their standard. Counsel for the State of U.P. states that he will look into the matter and if the grievance is genuine, try to sort it out. A report may be filed in that behalf within three months. West Bengal: 25. So far as the State of West Bengal is concerned there is by and large compliance. Sikkim: 26. counsel for the State of Sikkim states that there has been full compliance and there is no grievance from the association in that behalf. Union of India: 27. The learned Additional Solicitor General, Shri Ahmad, states that for the purpose of setting up of an All India Judicial Service the procedure outlined in Article 312 of the Constitution has to be gone through. The Union Government has already initiated action in that behalf. However, the States of Bihar, West Bengal, Maharashtra, Kerala, Manipur, meghalaya, Orissa, Rajasthan, Sikkim, Tripura, Andhra Pradesh, Assam, Gujarat and J & K have yet nor responded. Standing counsel for these States Government will intimate their respective Governments to convey their response to the Union Governments at an early date to enable the Union Government to proceed further in the matter of setting up of an All India Judicial Service provided for in Article 312 of the constitution. The learned standing counsel for the State Governments which have yet not responded should write to the respective governments to respond at an early date. Let this matter come up after six weeks to enable the Court to know whether or not the concerned State Governments mentioned above have or have not responded by then. The Union of India will also send a FAX message to these Governments stating that the Union of India is required to intimate this Court about the progress made in this connection. 28. The Union of India will also send a FAX message to these Governments stating that the Union of India is required to intimate this Court about the progress made in this connection. 28. In regard to the setting up on the National Judicial Pay Commission the learned Additional Solicitor General informs that the draft resolution indicating the composition and terms of reference has already been finalised and is awaiting Cabinet Approval. We hope that this will be done within six weeks time. Let the matter come up after six weeks. 29. I.As to be listed after one week.