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2012 DIGILAW 725 (SC)

All India Judges Asson. v. Union of India

2012-08-27

AFTAB ALAM, RANJANA PRAKASH DESAI

body2012
ORDER : I.A. No. 1 in IA No. 14 of 2011 and Contempt Petition (C) No. 299 of 2010: 1. An affidavit is filed on behalf of the State of Jammu & Kashmir on August 01, 2012 titled as 'Compliance Affidavit on behalf of the Respondent - State of Jammu & Kashmir'. Annexure A to this affidavit is a copy of the Notification dated July 31, 2012, by which amendments are introduced in the Jammu & Kashmir Subordinate Judicial Pay Rules, 2011 issued vide SRO-244 dated August 05, 2011. The first paragraph of the Notification reads thus: "(1) In serial No.6 of Rule 06, in the Column Revised ACP, the following shall be added as a proviso:- "Provided that, if any super time pay scale has been awarded to district judges, equal to 10% of the selection grade strength, in contravention of the above rule, the same shall be allowed to continue in their personal capacities. The future strength shall be maintained strictly @ 10% of the Selection grade strength of District Judges and the relevant, recruitment rules be modified accordingly. xx xx xx " 2. The amendments made in the relevant rules appear to be in complete deviation from the recommendation of the Padmanabhan Committee, duly approved by this Court. 3. Apart from this, there are other instances of non-compliances with the Committee's recommendations as pointed out by Mr. V.K. Jhanji, senior advocate appearing for the applicants. 4. We are deeply disturbed over the way the State of Jammu & Kashmir is proceeding in the matter and proposed to take appropriate steps to make the State comply with the court's directions faithfully, in letter and spirit. At this stage, however, Mr. Sunil Fernandes, counsel appearing for the State of Jammu & Kashmir made the request that one more opportunity be allowed to the Law Secretary to make amends. Mr. Fernandes submitted that the Law Secretary would hold discussions with the Registrar General of the Jammu & Kashmir High Court and the applicants and would take steps for implementation of the recommendations of the Padmanabhan Committee, as directed by this Court. 5. We accept the submissions made by Mr. Fernandes and direct the Law Secretary to hold a meeting with the Registrar General of the High Court and the applicants on September 10, 2012. 6. 5. We accept the submissions made by Mr. Fernandes and direct the Law Secretary to hold a meeting with the Registrar General of the High Court and the applicants on September 10, 2012. 6. The proceedings of the meeting shall be recorded in the form of minutes, duly signed by all the participants. 7. It is hoped and expected that following the meeting, proper steps will be taken for implementation of the Padmanabhan Committee's recommendations without any further delay. 8. Put up on September 24, 2012. I.A. No. 280 of 2010 and IA No. 294 of 2012: 9. Counsel appearing for the State of Orissa states that the recommendations of the Padmanabhan Committee have been fully implemented in that State, except, insofar as, the provision for domestic help is concerned. He further states that in that regard also necessary orders will be issued within four weeks from today. 10. Recording the statement made by the counsel appearing for the State of Orissa, these IAs stand disposed of. I.A. No. 249 of 2008: 11. As prayed by Mr. Sidharth Luthra, learned Additional Solicitor General, put up after two weeks. I.A. No. 7 of 2010: 12. As prayed, put up after two weeks. Contempt Petition (C) No. 281 of 2008: 13. The petitioner, who has filed this contempt petition, is not appearing on any of the dates fixed. 14. Today also he is not present. 15. The contempt petition is dismissed for non-prosecution.