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Rajasthan High Court · body

2013 DIGILAW 2176 (RAJ)

Jagdish Lal Jat v. Union of India

2013-12-04

AJAY RASTOGI, J.K.RANKA

body2013
JUDGMENT 1. Instant writ petition has been filed by a retired Judicial Officer claiming certain benefits for the period during which he worked as Presiding Officer. Debt Recovery Tribunal-I. Kolkota for the period commencing from 28.06/2001 upto 30/04/2004 i.e. the date on which he completed his term and retired from DRT. 2. The petitioner was a member of Rajasthan Higher Judicial Service and while posted as District & Sessions Judge, Jhunjhunu was appointed as Presiding Officer, DRT- I, Kolkota vide notification dated 16/07/2001, issued by the Joint Secretary, Government of India, Ministry of Finance, Department of Economic Affairs (Banking Division), New Delhi w.e.f. 28/06/2001. Pursuant to his appointment as a Presiding Officer, DRT-I, Kolkota, he was relieved on 20/06/2001 and joined as Presiding Officer, DRT-I, Kolkota on 28/06/2001. He attained the age of superannuation of 60 years as a member of Rajasthan Higher Judicial Service on 30/04/2002 but since his appointment as a Presiding Officer was a term appointment for five years, even after attaining the age of 60 years, he worked as Presiding Officer, DRT-I, Kolkota upto 30/04/2004 upto completion of term of appointment. As regards the benefit of 'Setty Commission' for the period during which he remained in service on deputation, an order dated 23/03/2005 was passed by the respondent No.4-High Court extending the benefit of 'Setty Commission' to the officers and the petitioner as well w.e.f. 01/07/1999. 3. The grievance of the petitioner is that of the remaining period, during which he worked as a Presiding Officer, DRT-I, Kolkota after his superannuation of 60 years, he was entitled for the benefit of 'Shetty Commission' and in one of the Interim Application No.213 order was passed by the Apex Court on 05/02/2008 which is quoted ad-infra:- "I.A.No.213: This application is filed by six officers working in the cadre of District Judges in the Kerala State Higher Judicial Service. It is contended that judicial officers working on deputation as Law Secretary, Registrar General, Registrar, Additional Registrars are denied the benefit of Shetty Commission recommendations merely because they are working on deputation. The stand taken by the State Government is not correct. Officers continue to be judicial officers even though they are on deputation. The State Government is, therefore, directed to pass appropriate orders within a period of eight weeks extending the benefits to those judicial officers who are working on deputation. I.A. Is disposed of accordingly." 4. The stand taken by the State Government is not correct. Officers continue to be judicial officers even though they are on deputation. The State Government is, therefore, directed to pass appropriate orders within a period of eight weeks extending the benefits to those judicial officers who are working on deputation. I.A. Is disposed of accordingly." 4. Counsel for the petitioner further submits that the aforesaid order dated 05/02/2008 came to be modified vide later order dated 22/05/2008, which is quoted ad-infra:- i "I.A.No.213 We had passed an order on 05/02/2008, directing the State Government to extend the benefit of Shetty Commission to the officers who are working on deputation. We are told that the six petitioner is working as Presiding Officer, Debts Recovery Tribunal, Kerala and Lakshadweep and he has not been extended the benefits. The Union Government is directed to pass appropriate orders within a period of eight weeks for extending the benefit to officers working on deputation. A copy of this order be served to the Union of India." 5. Counsel for the petitioner has further pointed out that the issue stands settled and is no more res-integra after the order of the Apex Court that such of the Judicial Officer, who are on deputation, are also entitled for the benefit of 'Shetty Commission' and as regards few of them (members of Kerala Judicial Service), who were left out, a further order came to be passed by the Hon'ble Apex Court on dated 22/05/2008 directing the respective competent authorities to extend the benefit of 'Shetty Commission' to the officers who are working on deputation and such of the officers, who worked as Presiding Officer, DRT, Kerala and Lakshadweep on deputation, who were left out, order was passed directing the Union of India to pass appropriate orders within a time framework for grant of benefit of 'Shetty Commission'. Counsel submits that the Hon'ble Apex Court has awarded interest @ 12% per annum and the petitioner is also entitled to get interest on such benefits from the date the same became due until actual payment. 6. Counsel submits that the Hon'ble Apex Court has awarded interest @ 12% per annum and the petitioner is also entitled to get interest on such benefits from the date the same became due until actual payment. 6. Counsel for the petitioner submits that despite the case of the petitioner being recommended by the respondent No.4-High Court, no benefit of 'Shetty Commission' has been granted by the respondent No.1-Union of India and even after the notices of the present petition came to be served upon the respondents as it reveals from the office note dated 11/11/2011, counsel has put in appearance on behalf of respondent No.1-UOI and respondent No.2 but no response to the petition has been filed. 7. After hearing counsel for the parties, in the light of the order of the Hon'bie Apex Court, referred to above, in our considered view, the petitioner, who worked as Presiding Officer, DRT-I, Kolkota, he is entitled for the benefit of 'Shetty Commission and payment of arrears pursuant thereto. 8. Consequently, the writ petition stands allowed and the respondents N0.1 & 2 are directed to extend the benefits of Shetty Commission to the petitioner for the period during which he worked as Presiding Officer, DRT-I, Kolkota (Block period from 01/05/2002 to 03/04/2004) and after due computation of the benefits which the petitioner is entitled for, the same shall be paid to him aiongwith interest @ 12% per annum from the date it became due until actual payment. The respondents shall ensure compliance of the order within a period of four months. No costs.Writ Petition Allowed. *******