2006 (2) TMI 725 - SC - Indian Laws

Summary

Issues Involved:
1. Compliance with Shetty Commission recommendations.
2. Filing of compliance reports by Union of India, State Governments, and Union Territories.
3. Filing of affidavits by various High Courts and State Governments.
4. Implementation of specific allowances and benefits for judicial officers.
5. Separation of Judiciary from Executive in various states.

Detailed Analysis:

1. Compliance with Shetty Commission Recommendations:
The Supreme Court directed the Union of India, State Governments, and Union Territories to implement the recommendations of the Shetty Commission regarding Assured Career Progression (ACP), medical facilities, and domestic help allowance. Despite the order dated 6th December 2005, compliance reports were not filed, except by the State of Andhra Pradesh, which had partially implemented the ACP. The Court granted a final opportunity for compliance within six weeks, warning of potential orders for personal appearance by Chief Secretaries or Secretaries of the Union of India if non-compliance persisted.

2. Filing of Compliance Reports:
The Registrar General of the High Court of Guahati was previously directed to file an affidavit within eight weeks but failed to do so. The Court expressed its anguish and granted an additional four weeks for compliance. Similarly, the State of Kerala, which had issued a Government Order implementing the Shetty Commission recommendations, was given two weeks to file an affidavit and place the Government Order on record.

3. Filing of Affidavits by Various High Courts and State Governments:
The State of Bihar had framed the Bihar Superior Judicial Service (Amendment) Rules, 2005, and filed a notification dated 20th December 2005. The Court disposed of the related applications but allowed the Amicus Curiae to seek further directions if necessary. For Punjab & Haryana, the High Court had considered the Shetty Commission's format for writing Annual Confidential Reports (ACRs) but sought minor modifications. The Court accepted the modifications as long as they adhered to the objective of self-assessment.

4. Implementation of Specific Allowances and Benefits for Judicial Officers:
The Court reiterated the need for States to comply with various allowances and benefits as recommended by the Shetty Commission, including water and electricity charges, newspaper/magazine allowance, city compensatory allowance, robe allowance, conveyance allowance, sumptuary allowance, hill allowance, medical facilities, leave travel concession, special pay, concurrent charge allowance, encashment of leave, transfer grant/disturbance allowance, house rent allowance, telephone facilities, and advances/loans for house/vehicle/personal computers. The Court directed all State Governments/Union Territories to comply within two months and file affidavits detailing compliance within ten weeks.

5. Separation of Judiciary from Executive in Various States:
The Court addressed the issue of separation of Judiciary from the Executive in several states. For Gujarat, the applications were listed for hearing with another related application. West Bengal was granted four weeks to file responses and rejoinders. Andhra Pradesh was permitted to file a reply within two days, with rejoinders due within two weeks. Jammu & Kashmir was directed to file an affidavit within six weeks. The Delhi High Court's interlocutory application was dismissed. Mizoram's Judicial Service Association was allowed to intervene, and the High Court was given six weeks to file its response after a meeting with the State Government. For Meghalaya, the State Government accepted the separation suggestion with modifications, and a meeting was encouraged within four weeks. Arunachal Pradesh was also directed to discuss the separation issue, with affidavits due within six weeks.

Conclusion:
The Supreme Court emphasized the urgency and importance of implementing the Shetty Commission's recommendations and ensuring the separation of Judiciary from the Executive. The Court provided specific timelines for compliance and filing of affidavits, demonstrating its commitment to judicial reforms and the welfare of judicial officers.