STATE TIMES NEWS
JAMMU: In a petition is filed by the employees borne on the cadre of Subordinate Courts through JEWA State seeking implementation of Shetty Commission Report so far as recommendations pertaining to the Ministerial staff working in the Subordinate Courts in the State of Jammu and Kashmir are concerned, which was agreed to by the State Government and, to pay the arrears which are admissible to the Ministerial Staff working in the Subordinate Courts by implementing the Shetty Commission report w.e.f. 01.04.2003. A Division Bench of Jammu & Kashmir and Ladakh High Court Comprising Justice Sanjeev Kumar and Justice Mohan Lal after hearing both the sides directed respondent No.1 to do the needful and provide benefit of recommendations retrospectively w.e.f 01.04.2003. The plea of respondent No.1 that the posts cannot be created retrospectively and are untenable in law, cannot be accepted. The creation of posts from retrospective date to comply with judgment of competent Court of jurisdiction is not unknown to service jurisprudence.
DB further ordered that the High Court as also the Department of Law, Justice and Parliamentary Affairs shall file their respective action taken reports in respect of aforesaid directions by or before the next date of hearing.
When the petition came-up for hearing, DB observed that in these petitions the petitioners essentially seek initiation of contempt proceedings against the respondents for non-compliance of the judgment dated 09.03.2016 passed by this Court in SWP No.53/2011.
The respondents i.e. High Court of Jammu and Kashmir and Ladakh and Department of Law, Justice and Parliamentary Affairs, UT of Jammu & Kashmir have filed several compliance reports indicating the manner in which various recommendations made by the Shetty Commission have been implemented. On 10.04.2023, when these contempt petitions came up for consideration before this Court, it was noticed that respondent No.1 had taken a stand that the Union Territory of J&K had complied with the recommendations of the Shetty Commission, as conveyed by the Registrar General of this Court. This position asserted by respondent No.1 was disputed by Sunil Sethi, learned senior counsel, who submitted that there were some very important recommendations of the Shetty Commission, which were yet to be complied with by the respondents. Having regard to the rival stand of the parties, this Court vide order dated 10.04.2023, granted two weeks’ time to the petitioners to file affidavit in rebuttal to the action taken report filed by respondent No.1. In compliance to the order dated 10.04.2023, the petitioners filed requisite affidavit indicating, inter alia., the recommendations of the Shetty Commission, which were yet to be complied with by the respondents. This Court vide order dated 19.04.2023 called upon the learned counsel appearing for the High Court and the Department of Law, Justice and Parliamentary Affairs to file point-wise rebuttal to the affidavit filed by the petitioners. The High Court of Jammu & Kashmir through Mr. Rajnish Raina, Advocate and Department of Justice, Justice and Parliamentary Affairs through Monika Kohli, Sr. AAG have filed their respective affidavits in rebuttal.
DB further observed that from reading of the affidavits/action taken reports filed by the Department of Law, Justice and Parliamentary Affairs in terms of orders dated 19.04.2023, 12.05.2023 and 12.06.2023, it is abundantly clear that the respondents are yet to comply with recommendations of the Shetty Commission.
