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2001 DIGILAW 1401 (SC)

All India Judges Association v. Union Of India

2001-08-27

A.S.ANAND, B.N.KIRPAL, S.P.BHARUCHA

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JUDGMENT : State of West Bengal 1. We have perused the affidavit filed on behalf of the State of West Bengal. On points more than one it is vague. However, the learned Advocate General appearing for the State of West Bengal submits that Shetty Commission Report is accepted by the State Government and the State shall implement the same subject to Union Government bearing 50% of the expenditure as envisaged in the Report itself. He further submits that already interim relief and other allowances as recommended by Shetty Commission have been granted to the Judicial Officers in the State from time to time. We record the statement of the learned Advocate General. States of Bihar & Jharkhand 2. Learned Advocate Generals appearing for the States of Bihar and Jharkhand submit that while their respective States have agreed to make payment of interim relief as recommended by Shetty Commission, they have already conveyed their views to the Union Government stating that they would accept Shetty Commission Report subject to the Union Government bearing 50% of the expenditure and the Report being further modified and scaled down. 3. The learned Advocate Generals submit that they shall file a chart supported by an affidavit indicating, (i) the emoluments which the Judicial Officers are presently getting with details under each head; (ii) emoluments which they would get if Shetty Commission Report is implemented in toto and; (iii) emoluments which they are likely to get on the basis of recommendations of the State Pay Commission/Committee. 4. Four weeks' time, as prayed for, is granted for the purpose. States of Assam, Karnataka, Kerala, Manipur and Mizoram 5. Learned Advocate Generals appearing for these States submit that their respective States accept the final Report of Shetty Commission and agree to implement the recommendations made therein provided the Union Government bears 50% of the annual expenditure on the Subordinate Courts as suggested by Shetty Commission and releases the same to them. We record their statements. State of Andhra Pradesh 6. Learned Advocate General appearing for the State submits that though the State Government has considered Shetty Commission Report but he would require four weeks' time to indicate whether the Report has been accepted in toto or in part. It is further submitted that after consideration of the Shetty Commission Report, the State Government has proposed revision of the pay-scales of Judicial Officers. 7. It is further submitted that after consideration of the Shetty Commission Report, the State Government has proposed revision of the pay-scales of Judicial Officers. 7. Four weeks' time to file the affidavit is granted to the learned Advocate General. State of Haryana 8. Learned Advocate General submits that he shall file a chart supported by an affidavit indicating, (i) the emoluments which the Judicial Officers are presently getting with details under each head; (ii) emoluments which they would get if Shetty Commission Report is implemented in toto and; (iii) emoluments which they are likely to get on the basis of recommendations of the State in modification of Shetty Commission Report. The affidavit shall also disclose whether the State would accept Shetty Commission Report in toto, in case, the Union Government contributes its 50% share as recommended by Shetty Commission. 9. Four weeks' time, as prayed for, is granted for the purpose. 10. We have granted four weeks' time to various States to file affidavits and charts indicating; (i) the scale of pay which the Judicial Officers in each of those States are getting at present; (ii) the scale of pay which they shall get, in case, Shetty Commission Report is accepted in toto; and (iii) the scale of pay which they shall get as per the revision of pay-scales by the State its- if. Pending consideration of those affidavits, as an interim measure, it appears appropriate to us to direct that those of the States which have revised the pay-scales according to their own Pay Commissions or otherwise (not based on Shetty Commission's Report) they shall with effect from 1st September, 2001 pay the revised-payscales to the Judicial Officers in their respective States without prejudice to the rights of Judicial Officers to claim higher pay-scales. The revised pay-scales shall be effective with effect from the date on which each one of the State Governments has agreed to revise the pay-scales based on the Report of State Pay Commission/Committee set up by the State Government in that behalf. We, clarify that while implementing the above interim direction insofar as arrears are concerned, the same shall be paid in lump sum or installment by 31st of December, 2001. The revised pay-scales shall be effective with effect from September 01, 2001. 11. We, clarify that while implementing the above interim direction insofar as arrears are concerned, the same shall be paid in lump sum or installment by 31st of December, 2001. The revised pay-scales shall be effective with effect from September 01, 2001. 11. We have gone through the supplementary affidavit filed on behalf of the Union of India by Shri Charanjit Singh, Deputy Secretary to the Govt. of India on 23.8.2001. This affidavit conceals more than what it reveals. We are not satisfied with the averments in the said affidavit. It appears that-even the statements of fact made therein are not wholly correct. The affidavit has not even been verified ‘as true or correct either on the information or to the knowledge of the deponent'. This is not the way in which affidavits are expected to be filed in this Court by the Union of India in a matter of such importance. We express our displeasure and f hope that there would be no further occasion for this Court to express displeasure. 12. Let a fresh affidavit be filed by Secretary to the Government of India, Ministry of Law, Justice and Company Affairs responding to various suggestions and queries made in our earlier orders. The needful shall be done within four weeks. 13. List on 15th October, 2001 at 2.00 p.m.