STATE OF PUNJAB Vs. SARABJIT SINGH

JUDGEMENT

(1.) THIS judgment shall dispose of LPA Nos. 287 and 288 of 2011 filed by the State of Punjab under Clause X of the Letters Patent challenging the common order dated 13.8.2010 rendered by the learned Single Judge allowing CWP Nos. 12750 and 15623 of 2009, which were filed by the petitioner -respondents. The learned Single Judge has directed the appellant State of Punjab and the High Court of Punjab and Haryana at Chandigarh through its Registrar to place the petitioner -respondents in the pay scale of '5000 -8100 with effect from the date, the said pay scale was allowed to the Graduate Clerks. They have been further directed to calculate and pay the differential amount of the pay scale to the petitioner -respondents within a period of four months, failing which they would be entitled to interest @ 6% from the due date till realisation. Facts of the case may first be noticed. The petitioner respondents are all non -graduate Clerks working in various District and Sessions Divisions in the State of Punjab. They were recruited/promoted to the post of Clerk at the time when the qualification prescribed for the post of Clerk was Matriculation. In the year 1989 a Writ Petition under Article 32 of the Constitution, namely, All India Judges' Association v. Union of India [WP(C) No. 1022 of 1989] was filed before Hon'ble the Supreme Court praying for setting up an All India Judicial Service and for bringing about uniform conditions of service for members of Subordinate Judiciary throughout the country. On the basis of directions issued by Hon'ble the Supreme Court vide orders dated 13.11.1991 and 24.8.1993, the Ministry of Law, Justice and Company Affairs, Department of Justice, Government of India, constituted the First National Judicial Pay Commission, vide resolution dated 21.3.1996, which is commonly known as the 'Shetty Commission', to evolve the pay structures and emoluments of the Judicial Officers all over the country.

(2.) IN the All India Judges' Association case (supra), the employees working in the lower judiciary of various States moved an application for being impleaded as party for raising their grievances with regard to their service conditions and pay scales etc. Hon'ble the Supreme Court allowed the application primarily taking a view that 'Shetty Commission' has been set up to look into the service conditions and grant of pay scales to the Subordinate Judicial Officers through out the country. Pursuant to the reference made by Hon'ble the Supreme Court to the 'Shetty Commission, the grievances of the employees of the Subordinate Judiciary were taken up separately by the 'Shetty Commission'. The Shetty Commission in its report opined in the preface to the report as under: -

(3.) IN the year 2003, the Shetty Commission made recommendations not only for the Judicial Officers but also for the Judicial Staff. After noticing the existing position, views of High Court, State Government and Staff Associations, the Shetty Commission recommended the pay scale of '5000 -8100 to Graduate Clerks in the Courts. The relevant extract from the report of the Commission is as under: -