SYNOPSIS Thi This s Spec Speciial Leave ave Peti Petiti tion on has has bee been fil filed agai agains nstt the the fina finall order/judgment dated 7.9.2011 passed by the Division bench of the High Court of Gujarat Gujarat at Ahmedabad Ahmedabad in Special Special Civil Application Application No. 7813 7813 of 2010. 2010.
In the Special Special Civil Civil Applicati Application, on, the Petit Petitioner ioners s had
prayed for implementation of the order dated 7.10.2009 passed by this Hon’ble Hon’ble Court in All India Judges and Ors. Vs. Union of India and Ors,
in
Writ
Petition
(Civil)
No.
1022
of
1989
as
well
as
recommendations of Justice Shetty Pay Commission. By the order dated 7.10.09 this Hon’ble Court had directed impl implem eme entat ntatio ion n
of
the the
reco ecomme mmendat ndatio ions ns
of
the
Shet Shetty ty
Pay
Comm Commis issi sion on rela relati ting ng to the the Judi Judici cial al Staff Staff of Subo Subord rdin inat ate e Cour Courts ts including those working in the State of Gujarat. The High Court, in the Special Civil Application has directed implementation of all the recomm recommend endati ation on of Shetty Shetty Pay Commi Commissi ssion on as well well as direct direction ion given by this Hon’ble Court in the order dated 7.10.2009 except not except not granting further revised pay scale w.e.f. 1.1.2006 on the basis of pay scales
revised
pursuant
to
Justice
Shetty
Commission
Recommendation. The result of not granting the said relief is that though the Judicial Staff has received revised Pay scale till 1.1.2006 but after the said date their pay scales and other benefits have agai again n been been put put at par par with with the the othe otherr empl employ oyee ees s of the the Stat State e Government. In short, there is non-implementation of the following following directions in the order dated 7.10.2009 of this Hon’ble Court: “(IV) In some of the States based on various other pay commis commissio sions ns Repor Reports, ts, benefi benefits ts had been been given given to the members of the staff, these benefits, if any, given shall
be in addit additio ion n to the the reco recomm mmen endat datio ions ns give given n by the the Shetty Commission. In
a ny
case
if
the
members
of
the
staff
associa associatio tion/s n/subo ubordi rdinate nate staff staff gettin getting g higher higher benefi benefits ts under
a ny
of
the
recommendations
of
the
pay
commission/Government orders, they shall be permitted to avail those benefits.” [Emphasis Supplied]
The non-implementation of the said direction has virtually nullified all all
the
efforts
which
were
made
by
this
Hon’ble
Court
in
implem implement entati ation on of the Shetty Shetty Pay Commis Commissio sion n by which which the Pay Scales and other benefits of the Judicial Staff were revised keeping in view the work and duties performed by them in courts and also keep keepin ing g
the the
effi effici cien entt
admi admini nist stra rati tion on of just justic ice e
as par paramou amount nt
consideration. It is important to point out that in the other States, the direction given by the Hon’ble Supreme Court vide order dated 7.10.2 7.10.200 009 9 has been been correc correctly tly applied applied,, some some of those those States States are: are: Hary Haryan ana a and and Karn Karnat atak aka. a. In the the Stat State e of Hary Haryan ana, a, the the 6th Pay Commission benefits have been given on the basis of higher benefits / Pay Scales given by the Shetty Pay Commission. In Karnataka, higher benefits have been given on the basis of State’s own Pay Commis Commissio sion n recom recommen mendat dation ions. s. This This has create created d an anomal anomalous ous situation: in some States, benefit of order dated 7.10.2009 by this Hon’ble Court has been extended whereas in other States this has been been deni denied ed..
This This is crea creati ting ng frus frustr trat atio ion n
amon among g the the Judi Judici cial al
Empl Employ oyee ees s of thos those e Stat States es wher where e the the bene benefi fits ts have have not not been been granted. Hence, this Special Leave petition only against the limited portion of the impugned order/judgment by which the above said benefit has been denied.
LIST OF DATES
Petiti tition one ers
are are
an
Assoc ssocia iati tion on
of
NonNon-JJudic udicia iall
Staf Stafff
of
Subordinate Courts in the State of Gujarat. Their Their associa associatio tion n has been been recogn recognize ized d by Hon’bl ’ble
High
Court
of
Gujarat vide
its
reso resolu luti tion on No. No. B-14 B-1437 37-7 -71, 1, dated dated 12th July 1991 19 91.. Vide Vide this this reso resolu luti tion on the the Peti Petiti tion oner er-associa associatio tion n are entitl entitled ed to raise raise the iss issues ues for for prot protec ecti tion on of thei theirr righ rights ts guar guaran ante teed ed under Constitution of India.
7.10.2009
This Hon’ble Court passed order in the matt matter er of All All Indi India a Judg Judges es As Asso soci ciat atio ion n and and Others Vs. Union Govt. of India an Ors in Writ Petition (C) No. 1022/1989 to implement the reco recomm mmen enda dati tion on
of
Shet Shetty ty
Comm Commis issi sion on
Report by all States/ UTs/ High Courts w.e.f. 1.4.20 1.4.2003 03.. The said said order order dated dated 7.10.2 7.10.200 009 9 reproduced as under:
“O R D E R
Impleadment applications are allowed.
The The
Shet Shetty ty
Com Commissi ission on
Repo Reporrt
was was
submitted in March 2003, pursuant to the orders orders dated dated 17 17.12 .12.19 .1997 97 and 7.1.19 7.1.1998 98 pass passe ed by thi this Cour Courtt wher herein it was was emph emphas asiz ized ed that that the the
impr improv ovem emen entt
in
service conditions of the Judicial Staff is necessary for the administration of justice a nd
rule
of
law.
This
Court,
after
considering the submission made by the States/UTs/High Courts, has accepted the Shetty Commission recommendations and passed
various
orders.
Finally,
on
15.07.2008 15.07.2008 this Court has directed:
i.
The recommen recommendatio dations ns are reasonable reasonable
and do not involve any financial burden. ii.
The
decision
to
implement
the
recommendations by all States should be taken within a period of three months. The
iii.
recommendations
will
be
implemented w.e.f 1.4.2003.
We
are
told
that
so
far
all
the
States/UTs have not implemented the recom recommen mendat dation ions s fully fully.. Some Some of the States
have
implemented
the
recommendations but had given effect to the date date later later than than 1.4.20 1.4.2003. 03. Still Still some some of the the grie grieva vanc nces es of vari variou ous s
officers are subsisting. In view of these circumstances, we direct that hereafter thes these e matt matter ers s be consi conside dere red d by the the respective
High
Courts
of
the
State/UTs. We direct that:
i.
The
High
Courts,
on
judicial/administrative side, will ensure implementation recommendations
of of
the
the Shetty
Commission within a reasonable period of one year ear. The The High High Cour Courtt shal hall permit permit writ writ petiti petitions ons or applica applicatio tions ns that may be filed by the individual or staf stafff
asso associ ciat atio ion n
repr repres esen enti ting ng
the the
various members of the staff. ii.
The Hi H igh Courts sh s hall al a lso se s ee that
the
recommendations
are
implemented w.e.f. 1.4.2003. iii.
There shall be benefit of one adva advanc nce e incr increm emen entt on the the exis existi ting ng pay-scale instead of initial pay-scale. In many of the States, the same benefit has not been given to the members of the staff, staff, the High Court Court should should also also see that that these these recomm recommend endati ations ons are implemented.
iv.
In so some of of th the St States ba based on on various
other
pay
commissions
Repo Report rts, s, bene benefi fits ts had had been been give given n to the
members
of
the
staff,
these
bene benefi fits ts,, if any, any, give given n sh shal alll be in addition to the recommendations given by the Shetty Commission.
In any case if the members of the staff associ associati ation/ on/sub subord ordina inate te higher
benefits
under
recommendations
of
staff staff a ny
gettin getting g of
the
the pay
commissio commission/Gov n/Governm ernment ent orders, orders, they shall all
be
permitted
to
avail
those
benefits.
Office is directed to send back all the records, if any, to the respective High Cour Courts ts.. A copy copy of the the cons consol olid idat ated ed report of the Shetty Commission may also also be sent sent to the the resp respec ecti tive ve High High Courts/UTs.
I.As. are disposed of accordingly.”
A true and correct copy of the order I.A. No. 71 A and other connected I.A.s dated 7.10.2009 passed by this this Hon’ Hon’bl ble e Cour Courtt in Writ Writ Peti Petiti tion on (C) (C) No. No. 1022/1989 is Annexure P-1.
4.11.2009, 9.12.2009 19.2.2010 & 7.6.2010
Petitioners’
Association
made
representations before the Registrar (Admn) High High Cour Courtt of Guja Gujara ratt at Ah Ahme meda daba bad d and requested for implementation of the Report of Justice Shetty Commission w.e.f. 1.4.2003 as applicable for the State of Gujarat. The Petitioner also requested for implementation of the order dated 7.10.2009 passed by this Hon’bl Hon’ble e Court. Court. Justic Justice e Shetty Shetty Commi Commissi ssion on Report as made applicable for the State of Gujarat at the earliest.
But no positive response was received by the Petitioners. 25.11.2009
In re response to th the re representations ma made by the the
Peti etition tione ers,
Regi egistr strar
(Insp Inspe ectio ction) n)
informed the Petitioners that in this regard Secr Secret etar ary y to the the Gove Govern rnme ment nt of Guja Gujara rat, t, Legal Department, Gandhi Nagar has been requ reques este ted d
to take take nece necess ssar ary y
acti action on for for
comp compli lian ance ce of this this Hon’ Hon’bl ble e Cour Court’ t’s s orde orderr dated 7.10.2009. A true and correct copy of the Letter No. 1083/2009 dated 27.11.2009 for for comp compli lian ance ce of orde orderr dated dated 7.10 7.10.2 .200 009 9 passed by this Hon’ble Court in Writ Petition (C) No. 1022/1989 1022/1989 is Annexure P-2.
28.6.2010
Petitioners fi filed Sp Special Ci Civil Ap Application No No. 7813 of 2010 before the Gujarat High Court, inter-alia, praying for implementation of the Reco Recom mmenda endati tion on
of
the the
Just Justic ice e
She Shetty tty
com commissi ission on as well ell as the the orde orderr dat dated 7.10.200 7.10.2009 9 passed passed by this this Hon’bl Hon’ble e court. court.
A
true true and and corr correc ectt copy copy of the the Spec Specia iall Civi Civill Application
No.
7813
of
2010
dated
28.6.2010 is Annexure P-3.
18.12.2010
State of of Gu Gujarat fi filed an a n af a ffidavit. It I t wa was stated
in
the
affidavit
filed
by
Legal
Department of Government of Gujarat that it
is taking necessary steps to implement the recommendation
made
by
Shetty
Comm Commis issi sion on to the the NonNon-Ju Judi dici cial al Staf Stafff
of
Subordinate Court. A true and correct copy of the the affi affida davi vitt file filed d by Stat State e of Guja Gujara ratt dated 18.12.2010 in Special Civil Application No. 7813 of 2010 is Annexure P-4.
7.5.2011
The
Government
of
Gujarat,
Legal
Depart Departmen mentt passed passed a Resolu Resolutio tion n No. PGRPGR1020 10 2010 10-1 -144-Pa Part rtIII IIID D
date dated d
7.5. 7.5.20 2011 11
vide vide
which benefits of Shetty Commission to the staff of Subordinate Courts in the State were granted.
A
Resol solution
true date ated
a nd
correct
7.5.2011
is
co p y
of
filed
as
Annexure P-5.
13.6.2011
The Pe Petitioners fi filed an an Ad Additional Af Affidavit. In this this Additi Additiona onall Affida Affidavi vitt the Petit Petition ioners ers subm su bmit itte ted d that that the the Gove Govern rnme ment nt has has not not issued Resolution Resolution No. PGR-102 PGR-102010 010-14-P -14-PartartIIID dated 7.5.2011 in full compliance of the reco ecomme mmendat ndatiions ons Comm Commis issi sion on
made ade
Repo Report rt-2 -200 003 3
by and and
the the the the
She Shetty tty orde orderr
date dated d 7.10 7.10.2 .200 009 9 pass passed ed by this this Hon’ Hon’bl ble e Cour Court. t. The The Peti Petiti tion oner ers s stat stated ed that that in the the Resolution, some criminal benefits for which the the Judi Judici cial al Staff Staff was was enti entitl tled ed have have been been
igno ignore red. d. A true true and and corr correc ectt copy copy of the the Additional Affidavit dated 13.6.2011 filed by the Petitioner in Special Civil Application No. 7813 of 2010 is filed as Annexure P-6.
27.7.2011
The
State
of
Gujarat
filed
an
affidavit
enclos enclosing ing notifi notificat cation ion statin stating g therei therein n that that vide notification dated 26.7.2011 benefits to the Non-Judicial Staff of Subordinate Courts as recommended by Hon’ble Justice Shetty Pay Commission have been granted and this Hon’bl Hon’ble e Court’ Court’s s order order dated dated 7.10.2 7.10.2009 009 has been been comp compli lied ed with with in its its true true lett letter er and spirit. A true and correct copy of the affidavit dated 27.7.2011 in Special Civil Application No. 78 7813 13 of 20 2010 10 alon along g with with Noti Notifi fica cati tion on dated 26.7.2011 are filed as Annexure P-7
(Colly).
Though in the Notification dated 26.7.2011, it was stated that all the directions given by this Hon’ble Court have been complied with in letter and spirit, till the notification did not permit grant of enhanced pay-scale for the Jud Judic icia iall Staf Stafff as prov provid ided ed in the the Sixt Sixth h Pay Pay Commission w.e.f. 1.1.2006. The Petitioners have prepared a chart showing
the
pay-scales
which
were
admiss admissibl ible e as per the recomm recommend endati ations ons of the
Shetty
Pay
Commission
and
the
Comparative Pay Scales which should have been given in the 6th Pay Commis Commissio sion, n, howe howeve ver, r, the the 6th Pay Commission Commission Benefits Benefits have not been given on the basis of payscal sc ales es gran grante ted d by the the Hon’ Hon’bl ble e Supr Suprem eme e Cour Courtt base based d on Shet Shetty ty Pay Comm Commis issi sion on Recommendations. This has resulted in loss of pay, loss of Pay Scale, loss of Special Pay as well well as loss loss of incr increm emen ent. t. A true true and and correc correctt copy copy of the chart prepare prepared d by the Petitione Petitionerr for City Civil Court, Court, Ahmedabad, Ahmedabad, District Courts and Rural Courts, Gujarat & Small
Causes ses
Court
and and
Metropolitan
Magistrate Magistrate Court are Annexed as Annexure
P-8 (C0lly). 7.9.2011
The High Court disposed of the Special Civil Application No. 7813 of 2010. The High Court held that:
“In this regard, we may only mention that that the the Supr Suprem eme e Cour Courtt by its its orde orderr date dated d 7th Octobe Octoberr 20 2009 09 has direct directed ed that
recommendations
of
Justice
Shetty Shetty Commi Commissi ssion on are implem implement ented ed w.e. w.e.f. f. 1.4. 1.4.20 2003 03;; the the bene benefi fitt of one one adva advanc nce e incr increm emen entt on the the exis existi ting ng pay-sc sca ale
should
be
given
to
the
members of the staff; and, the benefit
of one one advan dvance ce incr ncrement ent on the the existing pay-scale should be given to the the memb member ers s of the the staf staff; f; and, and, the the benefit of revision recommendation
of pay as
of
the
6th
per pay
commission shall be in addition to the the reco recomm mmen enda dati tion ons s give given n by the the She Shetty tty
Com Commissi ission on..
The The
Supr Suprem eme e
Cour Courtt has has not not pass passed ed any any orde orderr to prov proviide
fur further her
rev revised ised
revi revise sed d
purs pursua uant nt
to
scal sc ale e,
Just Justic ice e
as
Shet Shetty ty
Commission Report. If that is allowed, then it will amount to grant of revision of pay twice – one w.e.f. 01.04.2003 and the other other w.e.f. w.e.f. 01 01.01 .01.20 .2006 06.. The essence of the Supreme Court’s order is whatever the scale of pay has been provided
pursuant
to
the
recom recommen mendat dation ion of the pay revisi revision on comm commis issi sion on
(6th
pay
comm commis issi sion on), ),
shou sh oulld be provi rovide ded d to the staf stafff in addi additi tion on to the the reco recomm mmen endat datio ion n of Justice Shetty Commission.” In the the pre present sent case case,, the the Stat State e Gove Govern rnme ment nt
has has impl implem emen ente ted d
the the
recom recommen mendat dation ion of the pay revisi revision on w.e.f.
01.04.2003
a nd
thereby
comp compli lied ed with with the the dire direct ctio ions ns of the the Supreme Court. State Government has also allowed benefit of one advance increment on the then existing pay scale in favour of the the
empl employ oyee ees s
of
the the
subo su bord rdin inat ate e
court, and thereby also the State has comp compli lied ed with with the the dire direct ctio ions ns of the the Supreme Court.
The benefit of Justice Shetty Commission Report has been allowed by the State Government in addition to the pay to which the staff aff of the subord subordina inate te court courts s are entitl entitled ed to as per
the
recommendati ations
of
the
6th Pay Commissio Commission n w.e.f. w.e.f. 01.01.20 01.01.2006 06 whic which h has has also also been been allo allowe wed d by the the State Government. We are, therefore of the opinion that the order of the Supreme Court dated 7th Octo Octobe berr 20 2009 09 passe passed d in I.A. I.A. Nos. Nos. 71A, 135-136, 137-138 and 142 in W.P. (C) No. 1022 of 1989 in the case of All Indi India a Judg Judges es As Asso soci ciat atio ion n & Ors. Ors. vs. Union of India has been implemented by the State in letter and in spirit. So far as the doubt raised with regard to some of the employees that their scale of pay will be brought down, we are of the view that that they they will will not not suffe sufferr any any loss loss as opti option on has has been been prov provid ided ed unde underr the the Rule to the employees to continue in the old scale of pay, i.e. the scale of pay as recommended by Justice Shetty Commission even beyond 31.12.2005, i.e. i.e. even even from from 01 01.0 .01. 1.20 2006 06 onwa onward rds s also. Hence such employees may opt to conti ontinu nue e in the the sc scal ale e of pay pay as recommended
by
Justi stice
Shetty
Commission. In view of the developments as referred to above, no further order is required to be passed in the present case. The writ petition stands disposed of. No costs.”
It is clear from the above that the High Court has not granted corresponding pay-scales in the 6th Pay Commission on the basis of payscales
which
were
recommendations
of
granted the
as
per
Shetty
Pay
Commis Commissio sion, n, which which were were accept accepted ed by this this Hon’ble Court in the order dated 7.10.2009.
7.12.2011
Hence, th t he Sp Special Le Leave Pe Petition is i s fi filed agai agains nstt
the the
jud judgme gment
and
orde orderr
dated ated
7.9. 7.9.20 2011 11 in Spec Specia iall Civi Civill Ap Appl plic icat atio ion n No. 7813 of 2010.
IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION (ORDER XVI, RULE 4(1)(a) (UNDER ARTICLE 136 OF THE CONSTITUTION OF INDIA) SPECIAL LEAVE PETITION (CIVIL) NO._______ OF 2011 (WITH PRAYER FOR INTERIM RELIEF) BETWEEN: POSITION OF THE PARTIES In the In this High Hon’ble Court Court Gujarat State Judicial Department Petitioner Class-III, Employee’s Federation N o .1 Through President I I Malvat, Small Cause Court Bhadra Ahmedabad (Gujarat) 1.
2.
Gujarat State Judicial Department Stenographer/ P S Association Through President S.R. Thakkar, Ahmedabad (Rural) Court, Mirzapur, Ahmedabad. (Gujarat)
Petitioner
Petitioner No.2
No.1
Petitioner N o .2
Versus 1.
2.
3.
4.
State of Gujarat Through Secretary, General Administrative Department, Sachivalaya, Gandhinagar (Gujarat) Respondent Respondent No.1 No.1 Secretary, Legal Department Sachivalaya, Gandhinagar (Gujarat)
Respondent Respondent No. 2 No.2
The Registrar (Admn) High Court of Gujarat Sola, Ahmedabad (Gujarat)
Respondent No.3
Respondent No.3
Secretary, Finance Department New Sachivalaya Gandhinagar (Gujarat)
Respondent No.4
Respondent No.4
CONTESTING RESPONDENTS TO
THE HON’BLE THE CHIEF JUSTICE OF INDIA AND HIS HON’BLE COMPANION JUDGES OF THE SUPREME COURT OF INDIA. THE SPECIAL LEAVE PETITION OF THE PETITIONER MOST RESPECTFULLY SHEWETH: 1.
This This Speci Special al Leav Leave e Peti Petitio tion n has has been been filed filed again against st the the fina finall order/judgment dated 7.9.2011 passed by the High Court of Gujarat at Ahmedabad in Special Civil Application No. 7813 of 2010 20 10.. In the the Writ Writ Peti Petiti tion on the the Peti Petiti tion oner ers s had pray prayed ed for for implementation of the order dated 7.10.2009 passed by this Hon’ble Court in All India Judges and Ors Vs. Union of India and Ors in Writ Petition Civil No. 1022 of 1989. By the said order dated 7.10.09, this Hon’ble Court has directed implementation of the the reco recomm mmen enda dati tion ons s of the the Shet Shetty ty Pay Pay Comm Commis issi sion on rela relati ting ng to the the Judi Judici cial al Staf Stafff of the the Subo Subord rdin inat ate e Cour Courts ts,, including those working in the State of Gujarat. The High Court has directed implementation of all the recommendation of the Shet Shetty ty Pay Pay Comm Commis issi sion on as well well as dire direct ctio ion n give given n by the the Hon’ Hon’bl ble e Cour Courtt in the the orde orderr date dated d 7.10 7.10.2 .200 009 9 except not granting further revised pay of scale w.e.f. 1.1.2006 on the basi basis s of pay pay sc scal ale es
revise vised d pur pursu suan antt to Just Justic ice e Shet Shettty
Commission recommendations. The result of not granting the said relief is that though the Judicial Staff had received revised Pay scale till 1.1.2006 1.1.2006 but after the said date their pay scales scales and and othe otherr bene benefi fits ts have have been been put put at par par with with the the othe otherr employees of the State Government. In short there is non-
imple implemen mentat tation ion of the follow following ing direct direction ions s of this this Hon’bl Hon’ble e Court: “(IV) In some of the States based on various other pay commis commissio sions ns Repor Reports, ts, benefi benefits ts had been been given given to the members of the staff, these benefits, if any, given shall be in addit additio ion n to the the reco recomm mmen endat datio ions ns give given n by the the Shetty Commission. In
a ny
case
if
the
members
of
the
staff
associa associatio tion/s n/subo ubordi rdinate nate staff staff gettin getting g higher higher benefi benefits ts under
a ny
of
the
recommendations
of
the
pay
commission/Government orders, they shall be permitted to avail those benefits.” [Emphasis Supplied]
The The non-im non-imple plemen mentat tation ion of the said said direct direction ion has virtu virtuall ally y nullified all the efforts which were made by this Hon’ble Court in implementation of the Shetty Pay Commission by which the Pay Scales and other benefits of the Judicial Staff were revised keeping in view the work and duties performed by them in the courts and also keeping the efficient administration of justice as paramount consideration. Hence the Present Special Leave peti petiti tion on only only agai agains nstt the the limi limite ted d port portio ion n of the the impu impugn gned ed order/jud order/judgmen gmentt by which the above said benefit in pay-scales pay-scales has been denied. 2.
QUESTIONS OF LAW: The following questions of law arise for consideration by this Hon’ble Court: (i)
Whethe Whetherr the High High Court Court was jus justif tified ied in not granti granting ng comparative pay-scales to the Judicial Staff on the basis of what was granted by the Shetty Pay Commission with
effect effect from 1.4.20 1.4.2003, 03, in the 6 th Pay Commissio Commission n with effect from 1.1.2006? 1.1.2006? (ii)
Whether the High Court could have overlooked the fact that non-grant of revised pay scales to the Judicial Staff in the 6th Pay Commission would result in the Judicial Staff Staff gettin getting g benefi benefits ts of Shetty Shetty Pay Commis Commissio sion n upto upto 1.4.2003 and thereafter w.e.f. 1.1.2006 brought back at par with the other State Government employees?
(iii)
Whether the effect of non-grant of the benefit of the 6 th Pay Commission will not result in nullifying the entire effort made by the Shetty Pay Commission in granting more benefits / higher pay scales to the Judicial Staff in compar compariso ison n to the State State Employ Employees ees,, owing owing to Judici Judicial al Staff discharging heavy and onerous responsibilities?
(iv)
Whe Whethe ther the the gran grantt of 6th Pay Commis Commissio sion n benefi benefits ts granted by the Shetty Pay Commission by some of the States (Haryana, Punjab, Karnataka Etc.) and non-grant of the same benefit by State like Gujarat will not be discriminatory, arbitrary and violation of the order dated 7.10.2009 passed by this Hon’ble Court?
(v)
Whether the Judicial Staff can be put at par with the employees, when their work and duties are different and whet whethe herr it will will not not amou amount nt to trea treati ting ng uneq unequa uals ls as equals?
3.
DECLARATION IN TERMS OF RULE 4(2)
The Petitioners state that no other petition seeking leave to appeal has been filed by them against the impugned judgment and order.
4.
DECLARATION IN TERMS OF RULE 6 The Annexures produced along with Special Leave Petition are true copies of the pleadings/documents which formed part of the records of the case in the Courts below against whose order, the leave to appeal is sought for in this Petition.
5.
GROUNDS: The leave to appeal is sought for on the following, amongst other, grounds:
A)
Becaus Because e this this Hon’bl Hon’ble e Court Court while while exerci exercisin sing g powers powers under under Article 32 r/w Article 142 of the Constitution had desired that in the the inte intere rest st of admi admini nist stra rati tion on of Just Justic ice, e, the the serv servic ice e conditions, benefits and pay-scales of the Judicial Employees should improve. Keeping this object in mind, Justice Shetty Pay Commis Commissio sion n was reques requested ted to give give recom recommen mendat dation ions. s. The Justice Shetty Pay Commission had given its recommendations keeping in view the efficiency in the administration of justice as the main criteria. The Commission had made comparison of the work done by the Common Category Staff as well as by other staff working in the State departments with the Judicial Staff. It was found that that the duties duties discharged discharged by the Judicial Judicial Staff are not only arduous but also quite hectic and onerous. The Commission had therefore, justified grant of higher payscales scales to the Judici Judicial al Employ Employees ees in compar compariso ison n to the staff staff employed in executive wing of the Government. There was,
therefore, a rational basis to classify the Judicial Staff being in a separate category for grant of higher pay scales. The High Court has failed to keep this object in view while considering the grant of benefits of the 6 th Pay Commission to the Judicial Employees. B)
Because by virtue of the recommendations of the Shetty Pay Commis Commissio sion n and the order dated dated 7.10.2 7.10.200 009 9 passed passed by this this Hon’ble Court, the Judicial Staff pertaining to Gujarat became entitled to the higher benefits of the pay scale w.e.f. 1.4.2003. It was on the the basi basis s of the these pay pay sc scal ales es that that the the 6th Pay Comm Commis issi sion on’s ’s
bene benefi fitt
shou sh ould ld
have have
been been
appl applie ied d
w.e. w.e.f. f.
1.1.2006. But instead of doing that, the 6 th Pay Commission bene benefi fits ts have have been been give given n on the the old old paypay-sc scal ales es (wit (witho hout ut considering the higher benefits / pay-scales which the Judicial Staff were enjoying), enjoying), thereby thereby bringing the Judicial Judicial Staff at par with the executive staff. This has resulted in denial of payscales scales,, grade grade pay, pay, increm increment ent,, specia speciall allowa allowance nce etc. etc. to the Judicial Employees. C)
Because the resultant effect on the Judicial Employees after 6 th Pay Commission is as follows: (i)
The The Judici Judicial al Staff Staff has been been given given higher higher benefi benefits/ ts/pay pay scales
on
the
basis
of
Shetty
pay-commission
recommendation and order dated 7.10.2009 passed by this Hon’ble Court w.e.f. 1.4.2003. 1.4.2003. (ii)
But w.e.f. 1.1.2006 the Judicial Staff will get the same benefits / pay scales which are given to other employees of the State. State. Theref Therefore ore,, the Judicial Judicial Staff will will get the
benefit of Shetty pay Commission only from 1.4.2003 to 31.12.2005.
D)
Becau Because se in in the the oth other er Sta State tes, s, the the dir direc ecti tion on giv given en by by the the Hon Hon’b ’ble le Supreme Court vide order dated 7.10.2009 has been correctly applied, some of those States are: Haryana and Karnataka. In the State of Haryana, the 6th Pay Commission benefits have been given on the higher benefits / Pay Scales given by the Shetty Shetty Pay Commis Commissio sion. n. In Karnat Karnataka, aka, higher higher benefi benefits ts have have been been give given n on the the basi basis s of Stat States es own own Pay Pay Comm Commis issi sion on recommendations. This has created an anomalous situation: in some States, benefit of order dated 7.10.2009 by this Hon’ble Court Court has been been extend extended ed where whereas as in other other States States this has been denied. This situation is creating frustration among the Judicial Employees of those States where the benefit has not been granted.
E)
Because this Hon’ble Court has appointed another PayComm Commis issi sion on to revi revise se the the bene benefi fits ts and paypay-sc scal ales es of the the Jud Judic icia iall Offi Office cers rs,, in whos whose e case case also also Just Justic ice e Shet Shetty ty Pay Pay Commission had given recommendations. It is required in the intere interest st of jus justic tice e as well well as admini administr strati ation on of Justice Justice that anothe anotherr Pay Commi Commissi ssion on is consti constitut tuted ed for lookin looking g into into the gran grantt of bene benefi fits ts to the the su subo bord rdin inate ate staff staff thro throug ugh h out out the the country.
6.
GROUNDS FOR INTERIM RELIEF No Interim Relief is sought for
7.
MAIN PRAYER:
It is, there therefor fore, e, most most respe respectf ctfull ully y prayed prayed that that this this Hon’bl Hon’ble e Court may be pleased to:(a)
GRANT
special
leave
to
appeal
against
the
orde order/ r/ju judg dgme ment nt date dated d 7.9. 7.9.20 2011 11 pass passed ed by the the High High Court
of
Gujara arat
at
Ahmedaba abad
in
Special
Civil
Application No.7812 of 2010. (b) (b)
PASS PA SS suc such h othe otherr and and furt furthe herr orde orders rs as as may may be dee deeme med d fit and proper in the facts and circumstances of the case.
8.
INTERIM RELIEF No interim relief is prayed for.
Settled by:
DRAW
Mr. Sanjay Parikh, Advocate, Supreme Court, (ANI ADV P
Drawn on: FILED ON:
IN THE SUPREME COURT OF INDIA (ORDER XVI, RULE 4(1)(a) CIVIL APPELLATE JURISDICTION JURISDICTION (UNDER ARTICLE 136 OF THE CONSTITUTION CONSTITUTION OF INDIA) SPECIAL LEAVE PETITION (CIVIL) NO._______ OF [Against the final order/judgement dated 7.9.2011 passed by the High Court of Gujarat at Ahmedabad in Special Civil Apllication No. 7813 of 2010]
IN THE MATTER OF : Gujarat State Judicial Department Class-III, Employee’s Federation and another. Vs.
....Petitoners
State of Gujarat and others. ….Respondents
PAPER BOOK
FOR INDEX (KINDLY SEE INSIDE)
FILED BY: MS. ANITHA SHENOY, ADVOCATE FOR THE PETITIONERS NEW DELHI DATED : 7.12.2011 IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION SPECIAL LEAVE PETITION (CIVIL) No. IN THE MATTER OF : Gujarat State Judicial Department Class-III Employees Federation & Anr. Petitioners
OF 2011
….
Versus State of Gujarat & Ors Respondents
….
CERTIFICATE Certified that the Special Leave Petition is confined only to the pleadings before the Court/Tribunal whose order is challenged and the the othe otherr docu docume ment nts s reli relied ed upon upon in thos those e proc procee eedi ding ngs. s. No additional facts, documents or grounds have been taken therein or relied upon in the Special Leave Petition. It is further certified that the copies copies of the docume documents nts/an /annex nexure ures s attach attached ed to the Specia Speciall Leave Petition are necessary to answer the question of law raised in the the Peti Petiti tion on or to make make out out grou ground nds s urge urged d in the the Spec Specia iall Leav Leave e Petiti Petition on for consid considera eratio tion n of this this Hon’bl Hon’ble e Court Court.. This This certif certifica icate te is given on the basis of the instructions given by the Petitioner/person authorised by the Petitioner whose affidavit is filed in support of the Special Leave Petition. FILED BY (ANITHA SHENOY) ADVOCATE FOR THE PETITIONER NEW DELHI DATED: 7.12.2011
IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION SPECIAL LEAVE PETITION (CIVIL) No.
OF 2008
IN THE MATTER OF : Gujarat State Judicial Department Class –III Employees Federation & Anr. Petitioners Versus State of Gujarat & Ors. Respondents
AFFIDAVIT I, Iqba Iqball Huse Husen n Malv Malvat at,, S/o S/o Isab Isabha haii Malv Malvat at,, aged aged abou aboutt 51 year years, s, Pres Presid iden ent, t, Guja Gujara ratt Stat State e Judi Judici cial al depar departm tmen entt Clas Class s – II Employees Employees Federation, Federation, Small Causes Court, Court, Bhadra, Bhadra, Ahmedabad, Ahmedabad, Gujarat 380001 aged do hereby solemnly affirm and say as under :-
1)
I say say that that I am the the Pr Presid eside ent of of Peti Petiti tion one er fede federrati ation and and as as
such am aware of the facts and circumstances of the case and I am competent to swear this Affidavit on behalf of all the petitioners.
2)
I say say that that the the con conte tent nts s of of the the Spe Speci cial al Lea Leave ve Peti Petiti tion on men menti tion oned ed
in paragraph paragraph nos. 1 to 8 on pages
to
and List of Dates Dates
to
are
true to my own knowledge as derived from the records and legal advice received and believed by me to be true. I further say that the cont conten ents ts of the the Spec Specia iall Leav Leave e Peti Petiti tion on i.e. i.e. Pray Prayer er Clau Clause se and and Certificate are true to my own knowledge. I further say that the contents of I. As are true to my knowledge.
3)
I say say that that Annex nnexur ures es P-1 to P- cont contai aine ned d in page page
to
are are
true copies of the respective originals and form part of the records of the Courts below.
4)
I say say that that fac facts ts sta state ted d in thi this s Affi Affida davi vitt are are true true and and cor corre rect ct,, no
par part of it is fal false and not nothing hing mate aterial has been been conc concea ealled therefrom.
DEPONENT
VERIFICATION Verified that the contents of the above affidavit mentioned in paras 1 to 4 are true and correct to my knowledge and nothing material has been concealed therefrom.
Verified at New Delhi, on this 26th day of Nove Novemb mber er,, 201 2011. 1.
DEPONENT
INDEX S.N. S. N.
PART PA RTIC ICUL ULAR ARS S
PAGE PA GE
1.
Office Report on Limitation
2.
Listing Proforma
3.
Synopsis & List of Dates
4.
True rue and and Copy opy cor corrrect copy copy of the the im impugn pugned ed order/judgment dated 7.9..2011 passed by the High Court of Gujarat in Special Application No. 7813 of 2010
5.
Spe Special cial Leave ave Pe Petiti tition on al along ong wit with h Aff Affid idav avit it
6.
ANEXXURE – P1 True and correct copy of the order in I.A. No. 71 A and other other connec connected ted I.A.s I.A.s dated dated 7.10.2 7.10.2009 009 passed by this Hon’ble Court in Writ Petition (C) No. 1022/1989
7.
ANEXXURE – P2: True and correct copy of the Letter No. No. 1083/2009 dated 27.11.2009 sent by State of Gujarat.
8.
ANEXXURE – P3: Tru True e and and corr correc ectt copy copy of the the affi affidav davit it date dated d 18.12.2010 in Special Civil Application No. 7813 of 2010 filed before High court of Gujarat
9.
ANEXXURE – P4: True and correct copy of the affidavit dated 18.12.2010 in Special Civil Application No. 7813 of 2010 filed before High Court of Gujarat.
10. ANEXXURE – P5: True True and and corr correc ectt copy copy of Reso Resolu luti tion on date dated d 7.5.2011 11. ANEXXURE – P6: True True and and corr orrect ect copy copy of the the Ad Addi diti tion onal al Affidavit dated 13.6.2011 filed in Special Civil Application No. 7813 of 2010 before High court of Gujarat.
12. ANEXXURE – P7 (Colly): True and correct copy of the (i) affidavit dated 27.7.2011 27.7.2011 in Special CivilApplication No. 7813 of 2010 filed before Gujarat High Court (ii) Notification dated 26.7.2011 13. ANEXXURE – P8: True and correct copy of the charts in respect of Various courts in State of Gujarat
