Surinder Singh And Others vs State And Others
2021 Latest Caselaw 140 j&K

                                                                  Sr. No. 201
               HIGH COURT OF JAMMU AND KASHMIR
                          AT JAMMU
CJ Court

Case: SWP No. 49 of 2011
c/w
CPSW No. 612 of 2017
CPSW No. 750 of 2017
Surinder Singh and others                           ...Petitioner(s)/Appellant(s)
                                  Through: Sh. Pranav Kohli, Sr. Advocate
                                           with Sh. Arun Dev Singh,
                                           Advocate.
                                           Sh. Ankesh Chandel, Advocate.
                          v/s
State and others                                               .... Respondent(s)
                                  Through: Sh. Ravinder Gupta, AAG
                                           Sh. Amrish Kapoor, Advocate.
       CORAM:
       HON'BLE THE CHIEF JUSTICE
       HON'BLE MR. JUSTICE JAVED IQBAL WANI, JUDGE

                                       ORDER

1. A perusal of the record reveals that the basic purpose of filing this

petition is for the implementation of the recommendations of Shetty Pay

Commission w.e.f 01.04.2003 as has also been directed by the Supreme Court

vide Judgment/Order dated 07.10.2009 passed in the writ petition India

Judges' Association and others v. Union of India and others.

2. Sh. Pranav Kohli, learned Amicus Curiae has submitted an affidavit

of Sh. Mangat Ram Parihar who is one of the Section Officers in the sub-

ordinate courts of the Union Territory of Jammu and Kashmir and has

elaborately pinpointed the shortcomings in the implementation of the Shetty

Commission recommendations.

3. A reading of the said affidavit would reveal that even the High

Court/the Registrar General has not cared to take necessary steps to remove or

to cure the deficiencies pointed out in the affidavit. At the same time State has

also not taken any effective steps for the creation of posts and for the removal

of other anomalies as referred to therein.

4. The court vide order dated 28.09.2020 has directed for incorporating

the Chief Secretary, Sh. BVR Subrahmanyam ; Law Secretary, Sh. Achal

Sethi; and Principal Secretary, Finance, Dr. Arun Kumar Mehta as respondents,

probably in the proceedings for the contempt initiated for disobedience of the

orders of the High Court passed in this petition from time to time.

5. However, neither the Registrar General nor the above officers have

cared to file any further report before this Court after the said order or the filing

of the affidavit by Sh. Pranav Kohli so as to come out with the case that the

short comings pointed out have been removed and the report of the Shetty

Commission has been implemented in full.

6. In view of the aforesaid facts and circumstances, in the interest of

justice, as a last opportunity, we allow all these officers to respond to the

affidavit dated 18.02.2020 of Sh. Mangat Ram Parihar filed by Amicus Curiae

and to inform the court if any action so as to remove the shortcomings pointed

out therein have been taken or the time within which they are proposed to be

removed.

7. In case, such an action taken report is not filed within a period of one

month from today, all the above officers would remain present before the court

on the next date i.e. on 18th March 2021.

                                     (JAVED IQBAL WANI)                      (PANKAJ MITHAL)
                                                 JUDGE                        CHIEF JUSTICE
            Jammu
            17.02.2021
            Raj Kumar



RAJ KUMAR
2021.02.18 10:14
I attest to the accuracy and
integrity of this document