SUPREME COURT OF INDIA

Before:- Dr. A.S. Anand, CJI., S.P. Bharucha and B.N. Kirpal, JJ.

W.P.(C) No. 1022 of 1989 with W.P.(C) No. 61/2000. D/d. 24.7.2001.

All India Judges Association & ors. - Petitioners

Versus

Union of India & ors. - Respondents

Constitution of India, 1950 Article 32 Pay Scale of Judicial Officers - Recommendations on Shetty Commission - Advocate Generals of all nine States referred to above be present on the next date, which is fixed as 27th August, 2001and file affidavits sworn by competent officers disclosing whether Shetty Commission report is considered by those States and whether old pay scales is retained after or without consideration of Shetty Commission report - Also explain justification for anomaly between pay scales of Judicial Officers and pay scales of peon/orderly/ stenographer etc - Advance copy of affidavits be furnished to learned Amicus Curiae - Order to be communicated to Chief Secretaries as well as Advocate Generals of the nine States referred to above by Registry and standing counsel for these States also communicate this order to respective Advocate Generals.

[Para 1]

ORDER

1. Learned Amicus Curiae has filed a brief note setting out particulars of various actions taken by some of the States to implement, to some extent, Justice Shetty Commission's recommendations. From paragraph 7 of the note we, however, find that States of Assam, Manipur, Bihar, Haryana, Mizoram, West Bengal, Karnataka, Kerala and Andhra Pradesh have retained old payscales for the Judicial Officers. We are distressed to find that in some of these States, the initial payscale of peon/orderly is more than the payscale of a Civil Judge. This certainly is not an acceptable position. It is demoralising and insulting. The nine States referred to above have not disclosed so far as to whether they have considered Shetty Commission report and then retained old payscales or that they have not even considered Shetty Commission report. We need to have this information to proceed further. Learned counsel appearing for these States admit that they do not have the requisite information. We, therefore, direct that Advocate Generals, of all the nine States referred to above, shall be present on the next date, which is fixed as 27th August, 2001. They shall file affidavits sworn by competent officers disclosing whether Shetty Commission report has been considered by those States and whether old payscales have been retained after or without consideration of Shetty Commission report. They shall also explain the justification for anomaly between the payscales of the Judicial Officers and payscales of peon/orderly/ stenographer etc. An advance copy of the affidavits shall be furnished to learned Amicus Curiae. This order shall be communicated to the Chief Secretaries as well as the Advocate Generals of the nine States referred to above by the Registry. Learned standing counsel for these States shall also communicate this order to the respective Advocate Generals.

2. On behalf of the Union of India it is stated that a delegation of representatives of All India Judges Association had met the Hon'ble Minister for Law, Justice and Company Affairs on 23rd July, 2001. It is submitted that the case may be adjourned to enable the Hon'ble Minister to examine the issue in the light of the discussions held with the representatives of the Association. At the request of Union of India we adjourn the matter to 27th August, 2001.

3. List on 27th August, 2001 at 2.00. p.m.

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