‘sca/7a13/2010 1ya0 suoanesr IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 7813 of 2010 For Approval and Signature: HONOURABLE THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA HONOURABLE MR. JUSTICE J.B.PARDIWALA, y Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? Whether this case involves a substantial question 4 of law as to the interpretation of the constitution of India, 1950 or any order made thereunder 7 5 Whether it is to be circulated to the civil judge GUJARAT STATE JUDICIAL DEPARTMENT CLASS III EMPLOYEE'S FEDERATION & ANR. Versus STATE OF GUJARAT & ORS. Appearance MR VK JOSHI for Petitioners. MR PRAKASH JANI, GOVERNMENT PLEADER with MS KRINA CALLA, ASST. GOVT. PLEADER for Respondents : 1 - 2. MR SHALIN MEHTA, for Respondent : 3. NOTICE SERVED BY DS for Respondent : 4 . HONOURABLE THE CHIEF JUSTICE MR. S.J. CORAM = MUKHOPADHAYA and HONOURABLE MR. JUSTICE J3.B.PARDIWALAsea/7019/2010 ano upon » Date : 07/09/2011 ‘CAV_JUDGMENT (Per : HONOURABLE THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA) This writ petition has been preferred by Gujarat State Judicial Department (Class-III) _ Employee's Federation, Ahmedabad and Gujarat State Judicial Department Stenographer/PS Association, Ahmedabad who represent the non-judicial staff of subordinate courts in the State of Gujarat The grievance of the petitioners is that despite the order dated 7 October 2009 passed by the Supreme Court in the case of ALL INDIA JUDGES ASSON & ORS. v/s UNION OF INDIA & ORS. in W.P. (C). No. 1022 of 1989, no satisfactory progress has been made despite representations made by the petitioner-Associations to implement the Justice Shetty Commission report by the respondent State. The petitioners have therefore prayed for a direction to the respondents to implement the justice Shetty Commission report in view of the order passed by the Supreme Court and grant the pay scale to non-judicial staff of subordinate courts in the State of Gujarat w.e.f. 01.04.2003 immediately. By order dated 7 October 2009, the Supreme Court disposed of a number of Interlocutory Applications which were filed in the case of ALL INDIA JUDGES ASSON & ORS. v/s UNION OF INDIA & ORS. in W.P. (C). No. 1022 of 1989 directing the State Governments to implement the recommendations of Justice Shetty Commission within a period of 3 months. It was ordered to implement thesea/7e13/2010 s/o sore recommendation w.e.f. 1% April 2003 with additional increment as ordered by the Supreme Court, and alt High Courts were directed to ensure on judicial/administrative side that the recommendations of Justice Shetty Commission is implemented within a reasonable period of one year. Admittedly, the recommendations of Justice Shetty Commission in regard to revised scale of pay for non- judicial staff of subordinate courts were not implemented in the State of Gujarat. With a view to ensure implementation of the order of the Supreme Court and thereby the recommendations of Justice Shetty Commission in its letter and spirit, the Court monitored the matter, and finally the State Government implemented the order w.e.f, 01.04.2003. Some doubts have been raised by the petitioners regarding some of the posts with regard to revision of pay scale from 01.01.2006, i.e. the date from which the 6* Pay Commission recommendations have been implemented. It is necessary to note that the order passed by the Supreme Court on 7% October 2009 in I.A. Nos. 71A, 135-136, 137-138 and 142 in W.P. (C) No. 1022 of 1989 in the case of All India Judges Association & Ors. vs. Union of India, which reads as under: “Upon hearing counsel the Court made the following ORDER Impleadment applications are allowed. The Shetty Commission Report was submitted in March 2003, pursuant to the orders dated