ORDER National Capital Territory of Delhi 1. Pursuant to the directions contained in the order dated 17-1-2005t, the Government of India, Ministry of Law and Justice has issued an order dated d 11-2-2005 entitled "Implementation of the Recommendations of the FNJPC" whereby administrative and financial sanction has been accorded for implementing the recommendations insofar as the Union Territories are concerned. However, as pointed out by the learned amicus curiae, this order does not take care of Assured Career Progression Scheme (ACPS) which is independently the subject-matter of IA No. 103 of 2002 on which notice has e been directed to be issued on 9-8-2004. As regards ACPS and other issues which are subject-matter of IA No. 103 of 2002, we make it clear that let the order of the Government of India dated 11-2-2005 be given effect to, but it shall remain subject to such orders as the Court may pass on IA No. 103 of 2002. 2. The learned amicus curiae further points out that the Government of f India should also take care to issue its directions for the implementation of other recommendations made by the Shetty Commission. He submits that on or before the next date of hearing he would specifically enumerate those benefits which still need to be taken care of by the Government of India so far as the Union Territories are concerned. Pensionary benefits 3. In the order dated 17-1-2005t the Court has recorded that the States of Uttar Pradesh, Madhya Pradesh, Karnataka and Tamil Nadu have fully complied with the recommendations made by the Shetty Commission. Today, it is pointed by the learned amicus curiae that the compliance by these States relates to pay scales, arrears and Central dearness allowance. Insofar as the States of Uttar Pradesh and Tamil Nadu are concerned, their compliance, as reported to the Court and insofar as the pensionary benefits are concerned, is not strictly in compliance with the Shetty Commission recommendations. There are minor deviations which have been pointed by the learned amicus cunae. 4. We direct the State of Tamil Nadu to make full compliance with the recommendations as regards pensionary benefits as well and report the same to the Court on or before 30-6-2005. 5. There are minor deviations which have been pointed by the learned amicus cunae. 4. We direct the State of Tamil Nadu to make full compliance with the recommendations as regards pensionary benefits as well and report the same to the Court on or before 30-6-2005. 5. So far as the State of Uttar Pradesh is concerned, the learned counsel assures the Court that the State would examine the matter, remove the minor deviations whatever they be and full compliance shall be made and reported to the Court on or before 30-6-2005. fA No. 156 of 2004 (filed on behalf of the State of Sikkim) 6. This application was filed on behalf of the State of Sikkim to bring to the notice of the Court that implementation of the recommendations made by the Shetty Commission was in progress and some more time was needed for compliance. 7. Today, it is stated by Mr A. Mariaputham, the learned counsel appearing for the State of Sikkim that full compliance has been made and compliance affidavit sworn on behalf of the State of Sikkim by the Resident Commissioner has been filed on 7-3-2005 to that effect. The affidavit is taken on record. 8. IA be treated as disposed of. States of Haryana and Andhra Pradesh 9. The State of Haryana has reported substantial compliance with the recommendations of the Shetty Commission through its affidavit dated 10-1-2005 stating therein that some minor compliance had remained to be done. We allow a last opportunity to make full compliance and report by 30-6-2005, failing which the Chief Secretary of the State shall remain present in the Court on the next date of hearing. 10. So far as the State of Andhra Pradesh is concerned, it is pointed by learned counsel for the State of Andhra Pradesh that certain clarifications have been sought for through IA No. 152 of 2004 and excepting the compliances related to the clarifications sought for in the said application, all other compliances have been made. It is further assured that on directions of the Court available on IA No. 152 of 2004 the State of Andhra Pradesh shall make compliance accordingly. Let that application be posted for hearing on the next date. IA No. 157 of 2005 11. Seeking relief for the pensioners in the State of Andhra Pradesh shall also be taken up for hearing along with IA No. 152 of 2004. Let that application be posted for hearing on the next date. IA No. 157 of 2005 11. Seeking relief for the pensioners in the State of Andhra Pradesh shall also be taken up for hearing along with IA No. 152 of 2004. Response to IA No. 157 of 2005 may be filed by the State of Andhra Pradesh within six weeks. State of Jammu and Kashmir 12. The State of Jammu and Kashmir has not filed any affidavit. However, the learned counsel, appearing for the State of Jammu and a Kashmir, states under instructions that the State of Jammu and Kashmir is agreeable to implement all the recommendations made by the Shetty Commission and substantial compliance has already been made and whatever remains to be done shall be done at the earliest. An affidavit reporting full compliance shall be filed on or before 30-6-2005. State of Assam b 13. The State of Assam has fully complied with the recommendations of the Shetty Commission. On 17-1-2005 it was brought to the notice of the Court that the State Government was contemplating to retain the revised formula recommended by the Assam Pay Commission, 1994, but that was inconsistent with the recommendations made by the Shetty Commission. Now, in an affidavit filed on 19-4-2005, with which is enclosed a notification C dated 2-4-2005, it is stated that compliance with the recommendations made by the Shetty Commission has been made. We take on record the said affidavit and the statement made before us. State of Bihar 14. Mr B.B. Singh, the learned counsel for the State of Bihar, states that the State is under President's rule and the Governor of Bihar has passed a resolution dated 7-4-2005 recording full compliance with the recommendations made by the Shetty Commission. Mr Singh undertakes to file within one week an affidavit in that regard accompanied by a copy of the resolution dated 7-4-2005. State of Chhattisgarh 15. The learned counsel for the State of Chhattisgarh states that all other recommendations made by the Shetty Pay Commission have been implemented, excepting as to pensioners which is also in the process of finalisation and compliance shall be reported by 30-6-2005. State of Gujarat 16. State of Chhattisgarh 15. The learned counsel for the State of Chhattisgarh states that all other recommendations made by the Shetty Pay Commission have been implemented, excepting as to pensioners which is also in the process of finalisation and compliance shall be reported by 30-6-2005. State of Gujarat 16. The learned counsel appearing for the State of Gujarat states that so far as the pensioners are concerned, recommendations made by the Shetty Commission are at the final stage of finalisation and the compliance shall be reported by 30-6-2005. As to some anomaly regarding pay scales, by reference to their structure as prevailing in the State, there are directions awaited from this Court, which is a subject-matter of separate hearing. State of Himachal Pradesh 17. So far as the grant of Central DA is concerned, compliance has been made. So far as the case of pensioners is concerned, the State has some reservation. We see no justification of the stand taken by the State of Himachal Pradesh as regards the pensioners, as most of the State Governments and Union Territories have either complied with or agreed to make compliance with the recommendations of the Shetty Commission as regards pensioners. We direct the State of Himachal Pradesh also to make compliance and report the same by 30-6-2005, failing which the Chief Secretary of the State of Himachal Pradesh shall remain present in the Court a on the next date of hearing. State of Jharkhand 18. In the affidavit dated 18-4-2005 filed on behalf of the State of Jharkhand, it is stated that decision has been taken to release the benefits to the judicial officers consistently with the Shetty Commission recommendations and also by adopting the Karnataka pattern for pensioners. However, a notification in that regard enumerating the benefits relating to the judicial officers is yet to be issued. Let it be done and filed in the Court within six weeks. State of Kerala 19. The learned amicus curiae has invited attention of the Court to the affidavit dated 18-4-2005 filed on behalf of the State. Vide para 4 thereof, the only plea taken by the State of Kerala is that there is financial crunch in the State and the possibility of similar demand being raised by the employees of other departments. Both of these pleas have no substance and such pleas have been rejected earlier. 20. Vide para 4 thereof, the only plea taken by the State of Kerala is that there is financial crunch in the State and the possibility of similar demand being raised by the employees of other departments. Both of these pleas have no substance and such pleas have been rejected earlier. 20. Let the State of Kerala make full compliance, issue notification in that regard and file affidavit of compliance on or before 30-6-2005. State of Maharashtra 21. Affidavit of compliance is still awaited. A last opportunity for reporting full compliance is allowed. Let the compliance affidavit be filed on or before 30-6-2005, failing which the Chief Secretary of the State of Maharashtra has to remain present in the Court on the next date of hearing. State of Manipur 22. The learned amicus curiae has invited attention of the Court to the affidavit dated 7-12-2004 filed on behalf of the State of Manipur. The only plea taken by the State is that there is financial crunch in the State. This plea has no substance and such pleas have been rejected earlier. 23. Let the State of Manipur make full compliance, issue notification in that regard and file affidavit of compliance on or before 30-6-2005. State of Mizoram 24. The directions which have been made as regards the State of Meghalaya on IA No. 119 of 2002 in the order dated 18-4-2005 shall apply to the State of Mizoram also in regard to the officers exclusively discharging judicial functions. State of Orissa 25. The learned counsel for the State of Orissa brings to our notice a communication bearing No. 19745 dated 20-4-2005 from its Finance Department. The copy of the communication is delivered to the learned amicus curiae and is also taken on record. We make it clear that the compliance has to be in accordance with the Shetty Commission recommendations and not in variance therefrom. Let the learned amicus curiae examine the contents of the said communication and advise the Court if any directions in that regard are further needed. State of Uttaranchal 26. On behalf of the State of Uttaranchal compliance affidavits have been filed on 13-1-2005 and 1-4-2005 whereby full compliance with the Shetty Commission recommendations has been reported. State of West Bengal 27. State of Uttaranchal 26. On behalf of the State of Uttaranchal compliance affidavits have been filed on 13-1-2005 and 1-4-2005 whereby full compliance with the Shetty Commission recommendations has been reported. State of West Bengal 27. On behalf of the State of West Bengal an affidavit has been filed on 17-3-2005 wherein, the learned counsel for the State states, full compliance with the Shetty Commission recommendations has been reported. 28. However, IA No. 161 of 2005 has been filed on behalf of West Bengal Retired Judges Association wherein a plea has been taken that so far as retired Judges are concerned, compliance is not in accordance with the Shetty Commission recommendations. Notice of the application has been accepted by the learned counsel for the State of West Bengal who assures to file reply within six weeks. Union Territory of Pondicherry 29. The learned counsel for the Union Territory of Pondicherry points out that though the Government has agreed to implement the Shetty Commission recommendations but so far as pensioners are concerned, they are governed by the Central Rules and an amendment in the Rules by the Central Government would be required for the purpose of giving effect to the Shetty Commission recommendations insofar as pensioners are concerned. It is further stated that a communication in that regard has been addressed by the Government of Pondicherry to the Central Government in the month of October 2004 and response from the Central Government is still awaited. Mr P.P. Malhotra, learned Additional Solicitor General, present in the Court, assures to look into the matter and expedite a positive response from the Central Government at the earliest. States of Punjab, Rajasthan and Tripura 30. Shri Harbagwan Singh, the learned Advocate General appearing for the State of Punjab, Shri Aruneshwar Gupta, the learned Additional Advocate General appearing for the State of Rajasthan and Shri B. Agrawal, the learned counsel appearing for the State of Tripura, state that their respective State Governments have agreed to comply with the Shetty Commission recommendations as regards release of Central DA to the judicial officers and also as regards the benefits to the pensioners. They further state that notifications in this regard shall be issued by their respective State Governments and filed in the Court duly supported by affidavit within six weeks. 31. List the contempt petitions and other pending IAs for further hearing after summer vacation. Court Masters