ORDER : K.G. Balakrishnan, C.J.I. Assam Pursuant to the directions of this Court, the High Court of Assam and the State Government of Assam have filed a statement wherein we find that some of the Shetty Commission recommendations, which had been approved by this Court, are not fully implemented by the State of Assam. It is submitted that the orders have already been passed in respect of pool car facilities to Tehsil/Sub-Divisional Officers. But in cases where there are less than four officers at Tehsil/Sub-Division level, they may be provided with reasonable conveyance allowance. 2. We also notice, besides the above, some other facilities are also not extended to the officers like medical facilities on the ground that no medical facilities are extended to the Members of the Legislature. Even if the Members of the Legislature are not extended with the medical facilities, the judicial officers should be given medical facilities. Further status report be filed within eight weeks extending other facilities such as rent-free housing, transfer of grant, home library and furnishing of drawing rooms, revised pension and LTC/HTC complying with the directions of this Court. 3. In the States of Arunachal Pradesh, Nagaland, Meghalaya, Manipur, Tripura the recommendations of the Shetty Commission are not being fully complied with. 4. The States of Arunachal Pradesh and Nagaland have not complied with the recommendations of the Shetty Commission regarding bifurcation between the Executive and the Judiciary, though this bifurcation had already taken place fully in the States of Meghalaya, Tripura and Manipur. We have already passed orders for the bifurcation of the Executive from the Judiciary and also to recruit the judicial officers. We are told that necessary orders have already been passed by the appropriate rule-making authority. It is stated that no further steps have been taken. It is for the High Court to pursue the matter and give an appropriate direction to the authorities within a reasonable time and to see that the bifurcation is granted and also to inform that the recommendations of the Shetty Commission are fully complied with. If any recommendations of the Shetty Commission are not complied with fully, such matters shall be reported by the High Court within eight weeks. Thereafter the respective State may consider the same and submit its compliance within eight weeks. 5. If any recommendations of the Shetty Commission are not complied with fully, such matters shall be reported by the High Court within eight weeks. Thereafter the respective State may consider the same and submit its compliance within eight weeks. 5. In respect of the State of Mizoram, the State has filed its compliance report but from the compliance report, we see that the revision of pay scales and the Assured Career Progression had been given effect to not from the date recommended by the Shetty Commission but from different dates. We issue the following directions: Mizoram 1. Pay scales, DA and ACP (Assured Career Progression) scales be released w.e.f. 1-7-1996. Arrears be paid between 1-7-1996 to 2006. 2. Allowances/perks be released from 1-11-1999. 3. Medical facilities be notified as per Shetty Commission recommendations. 4. Telephone facilities be provided, as per Shetty Commission recommendations. 5. Newspaper be given as per Shetty Commission recommendations. 6. Independent vehiclefull compliance be done. 7. Pool car be provided. 8. Tax free leave encashment, etc. be given as per Shetty Commission recommendations. 9. Order regarding pensioners and past pensioners be passed. 6. These matters are to be pursued by the High Court and see that the State shall implement these recommendations. The State of Mizoram to file a fresh affidavit within a period of eight weeks. 7. In respect of Meghalaya, the following directions are issued: Meghalaya 1. DA be notified at Central rates. 2. Compulsory insurance scheme be given. 3. Home library be provided. 4. Courtrooms should be furnished and books be provided in court and residence. 5. Pool car be extended up to Tehsil level. 6. Telephone facility be provided as per Shetty Commission recommendations. 7. Special pay be granted. 8. ACP be granted as per Shetty Commission recommendations. 8. These matters are to be pursued by the High Court and see that the State shall implement these recommendations. The State of Meghalaya to file a fresh affidavit within a period of eight weeks. 9. In respect of Tripura, the following directions are issued: Tripura 1. Medical facilities be released w.e.f. 1-11-1999. 2. Family pension be provided as per Shetty Commission recommendations. 3. DA at Central rates be released. 4. Various allowances/perks be released w.e.f. 1-11-1999, as per Shetty Commission recommendations. 5. 9. In respect of Tripura, the following directions are issued: Tripura 1. Medical facilities be released w.e.f. 1-11-1999. 2. Family pension be provided as per Shetty Commission recommendations. 3. DA at Central rates be released. 4. Various allowances/perks be released w.e.f. 1-11-1999, as per Shetty Commission recommendations. 5. Medical facilities be released as per recommendation of Justice Shetty Commission and also notify government/private hospitals/clinics up to Taluka level for medical treatment to officers and their families. 6. Rent-free accommodation should be given as per the order of this Hon'ble Court in All India Judges' Assn. (3) v. Union of India (2002) 4 SCC 247 and as per Shetty Commission. 7. The District and Sessions Judges concerned are to be authorised to process for payment and medical bills of serving and retired judicial officers. 8. Robe allowance, sumptuary allowance be given from 1-11-1999. 9. Conveyance be fully given as per Shetty Commission recommendations. 10. Hill allowance be given. 11. LTC be given from 1999. 12. Special pay be granted. 13. Telephone facilities be given from 1-11-1999. 14. Retiral benefits be given as per Shetty Commission recommendations. 10. These matters are to be pursued by the High Court and see that the State shall implement these recommendations. The State of Mizoram to file a fresh affidavit within a period of eight weeks. 11. The following directions are issued in respect of Manipur: 1. Actual payment be made as per Manipur Judicial Service Revised Pay Rules, 2003. 2. DA be granted from 1-7-1996 and increase in Central DA 47% be given. 3. Furnishing of drawing rooms; and separate home library be provided. 4. Special pay be granted. 5. Payment of home orderly allowance to judicial officers be given. 6. Retiral benefits actually be given to pensioners and past pensioners. 7. Change of nomenclatures be doneas to Civil Judge and Senior Civil Judge. 8. Advance increments for higher qualification like Masters of Law be implemented. 12. These matters are to be pursued by the High Court and to see that the State shall implement these recommendations. The State of Manipur to file a fresh affidavit within a period of eight weeks. 13. Though this Court had passed a series of orders regarding separation of Executive from Judiciary, the steps are being taken very slowly. 12. These matters are to be pursued by the High Court and to see that the State shall implement these recommendations. The State of Manipur to file a fresh affidavit within a period of eight weeks. 13. Though this Court had passed a series of orders regarding separation of Executive from Judiciary, the steps are being taken very slowly. The High Court is directed to file status report in detail on 18-11-2008 as to what are the steps taken to implement the suggestions for bifurcation of Judiciary from Executive. The Advocates General of the State are requested to be present on 18-11-2008. 14. Post on 18-11-2008. Andhra Pradesh 15. The learned counsel appearing for the State of A.P. submitted that as regards implementation of the recommendations of Shetty Commission, the State has not received the recommendations from the High Court of Andhra Pradesh on matters relating to Assured Career Progress (ACP), specimen form for ACR and the recommendations relating to Original Side jurisdiction of the High Court, incentive increment for higher academic qualifications and special pay and also regarding the advances, soft loans, etc. The High Court of A.P. should look into these matters and give suitable recommendations to the State Government within a period of six weeks from today. 16. A copy of this order be sent to the Registrar General of the High Court of A.P. for necessary action and the State Government may take a decision thereafter and furnish the compliance report within a period of eight weeks. State of Bihar 17. As regards recommendations of Shetty Commission, the State has filed a status report. It is stated that in the case of providing pool car facilities to the officers, a notification has already been issued in the year 2006 wherein it was directed that this notification be fully complied with by providing sufficient number of vehicles and be put at disposal of the judicial officers. As regards the other issues, following directions are issued: (1) DA be given at Central rates. (2) Provision for newspapers/magazines. (3) Medical facilities be given on a par with State MLAs. (4) Rent-free accommodation be provided by the Government, with separate space for home library and furnishings for drawing rooms. Certain percentage of sites/houses for allotment to judicial officers be given as per Shetty Commission recommendations. (5) The State to implement the Notification dated 18-12-2006 regarding telephone facilities w.e.f. 1-11-1999. (3) Medical facilities be given on a par with State MLAs. (4) Rent-free accommodation be provided by the Government, with separate space for home library and furnishings for drawing rooms. Certain percentage of sites/houses for allotment to judicial officers be given as per Shetty Commission recommendations. (5) The State to implement the Notification dated 18-12-2006 regarding telephone facilities w.e.f. 1-11-1999. (6) Provision for advance/soft loans with low interest be provided to judicial officers. (7) Pension revision methodology be implemented. (8)(i) Second ACP on completion of 10 years of service be implemented. (8)(ii) Concurrent Charge Allowance be released as per Shetty Commission recommendations. (9) Special pay be evolved and implemented. (10) Rent-free house/furnishing/drawing room library be provided to judicial officers. (11) Earmarking of plots sites/houses be done by the State. 18. We also request the High Court to pursue the matter with the Government and see that these are complied with and file a status report on or before 18-11-2008. 19. List on 18-11-2008. 20. It is submitted by the learned counsel appearing for the High Court of Patna that though some of the recommendations have been approved and notification has been issued, funds are not provided by the State to implement these schemes. The State is directed to provide funds and also to see that if any recommendation had to be implemented with effect from 1-1-1996 a suitable direction be given to see that the recommendations take effect and the monetary part be given in arrears from 1-1-1996. State of Chhattisgarh 21. We see from the status report that some of the recommendations have not so far been complied with. We issue the following directions: (1) ACP (Assured Career Progression) scales to judicial officers be released. (2) Pool car facilities be extended up to Taluka level. If the officers are less than four, the conveyance allowance be provided to those officers instead of providing pool car facilities. (3) Notification be annexed regarding the claimed amendment of the Service Rules as per Shetty Commission recommendations at Paras 4.47 and 4.48 (doing away with routine scrutiny at the age of 58 years). (4) Compliance with the recommendation of the Shetty Report be done for constituting a Common Service of all the judicial cadres in the State i.e. Civil Judges and District Judges. (5) Compliance with the recommendations relating to family pension and past pensioners be done. (4) Compliance with the recommendation of the Shetty Report be done for constituting a Common Service of all the judicial cadres in the State i.e. Civil Judges and District Judges. (5) Compliance with the recommendations relating to family pension and past pensioners be done. (6) Hospital/dispensaries to be notified by the State Government. 22. The recommendations which are not complied with, be complied with at the earliest and file a status report by 18-11-2008. List on 18-11-2008. State of Haryana 23. It is noticed that sumptuary allowance had been paid only from 3-5-2006. The officers are to be paid the arrears of sumptuary allowance from 1-11-1999. Regarding the medical facilities, a notification has been issued by the Government extending the facilities as are available to the MLAs. The State and the High Court are directed to file a revised status report on or before 18-11-2008. Meanwhile the High Court to pursue the other matters which are not so far extended such as non-release of incentive increments for higher academic qualifications for judicial officers and also the direction to confer power on the District and Sessions Judges to process medical bills of the serving and retired judicial officers. 24. List on 18-11-2008. State of Punjab 25. The learned counsel appearing for the State of Punjab submitted that all the recommendations have been complied with and notifications have been issued but we are not certain whether these notifications have been fully complied with and the judicial officers are getting these facilities. The High Court shall file a status report whether any of these facilities are yet to be complied with or not by 18-11-2008. List on 18-11-2008. State of Rajasthan IA No. 231 26. One week's time is granted to implead the State Government and the High Court, represented through the Registrar. IA No. 220 27. Issue notice returnable on 18-11-2008. In the meantime, reply, if any, be filed. States of Gujarat, Karnataka, Kerala, Orissa, Jharkhand, Pondicherry, Tamil Nadu, Uttar Pradesh, West Bengal, Maharashtra, Jammu and Kashmir, Madhya Pradesh, Delhi 28. The above States to see that all the recommendations are complied with. The respective States and the High Courts to file a compliance report indicating therein that all the steps have been taken in these matters and if any notification had already been issued, a copy of the notification be also produced by 18-11-2008. List on 18-11-2008. IA No. 219 29. The respective States and the High Courts to file a compliance report indicating therein that all the steps have been taken in these matters and if any notification had already been issued, a copy of the notification be also produced by 18-11-2008. List on 18-11-2008. IA No. 219 29. Issue notice returnable on 18-11-2008. The learned counsel for the Union of India accepts notice. IA No. 194 30. Himachal Pradesh Judicial Association is directed to be impleaded as a party. Counter-affidavit, if any, be filed by 18-11-2008. List on 18-11-2008. IA No. 201 31. Response by the States and affidavits by the High Courts be filed by 18-11-2008. List on 18-11-2008. 32. List IAs Nos. 213, 217, 220, 221 with Nos. 222, 223, 224, IA No. 3 in IA No. 152, IAs Nos. 208, 229, 230, 227 and 228 on 18-11-2008.