ADELINE RODRIGUES Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this Petition which is filed under Article 226 of the Constitution of India, Petitioners are seeking an appropriate writ, order and direction, directing Respondents to implement the Shetty Commission Recommendation contained in its Report dated 11/11/1999 and also to implement the directions which were given by Hon'ble Chief Justice dated 11/11/2003 in exercise of the powers vested in him under Article 229 of the Constitution of India.

(2.) Brief facts which are necessary for the purpose of deciding this Petition are as under:-

(3.) The Central Government constituted the First National Judicial Pay Commission under the Chairmanship of Hon'ble Mr. Justice K. Jagannath Shetty, popularly called "the Shetty Commission" on 21/04/1996. On 11/11/1999, the Shetty Commission submitted its Report making recommendations for revision of pay-scales of Judicial officers. On 21/03/2002, the Apex Court vide its judgment and order accepted the recommendations of the Shetty Commission with certain modifications and further gave directions for payment of higher pay-scales and allowances to the Judicial Officers. The Supreme Court also gave directions to all States and the Union of India to make necessary budgetary provision in their respective budgets for the implementation of the higher payscales and dearness allowance to the Officers of the subordinate judiciary. Accordingly, State of Maharashtra implemented recommendations of the Shetty Commission.