Himachal Pradesh high court on Monday directed the state government to implement the recommendation of first national judicial commission — the Shetty Commission — within two weeks.
On a contempt petition filed by the HP Non-gazetted Judicial Employees’ Welfare Association, a division bench comprising chief justice Mansoor Ahmad Mir and justice Tarlok Singh Chauhan ordered that recommendations of the commission regarding pay, allowances and other benefits of the employees of the subordinate courts should be implemented.
The court also issued contempt notices to the chief secretary, principal secretary (finance) and principal secretary (law) on failing to comply with the orders. The court directed all respondents to appear before the court on April 1.
The high court had quashed the Himachal Pradesh Subordinate Courts Employees (pay, allowances and other conditions of service) Act, 2005, on January 3, 2014, calling it a colourable exercise of legislation, which overrules the directions of the supreme court to implement the Shetty Commission recommendations uniformly throughout the country. It had directed the state government to implement the recommendations with effect from April 1, 2003.
The petitioner association had then moved an execution petition in the high court and on September 15, 2014, the high court directed the government to comply with the directions within 12 weeks. The petitioners have alleged willful disobedience of the court orders.