5th Pay Commission Report Volume - II00112 by keralaguest

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									                             CHAPTER – 34


                        JUDICIAL DEPARTMENT


34.0        The Judicial Department is headed by a Secretary/ Principal
Secretary drawn from Higher Judicial Service. The main function of the
Department is constitution and organization of all courts excepting High
Court and Revenue and Rent Courts. It also provides legal advice to all
offices of the Government. West Bengal Judicial Service, and Cadre of
Assistant   Public   Prosecutor    are    administered     by   the   Judicial
Department.

34.1        The following offices are under the administrative control of
the Judicial Department:
       a)   Superintendent and remembrance of legal affairs.
       b)   Official receiver, High Court, Calcutta.
       c)   Administrator General and official trustees.
       d)   All courts, civil and criminal in the State.
       e)   Advocate General, West Bengal.
       f)   Public Prosecutor, Calcutta.
       g)   Sheriff of Calcutta.
       h)   Official assignee.
       i)   Estate Manager, Murshidabad Estate.
       j)   Coroner of Calcutta
       k)   Registrar General of Births, Death & Marriage, West Bengal.

            However, West Bengal Judicial Service is not within the
purview of the Pay Commission.

34.2        A reference was made by the department for upgradation of
the pay scale of the post of Chief Officer of the Office of Sheriff of
Calcutta to scale No. 11 (pre-revised) on the ground that the pay scale of
Head Clerk-cum-Translator of the same office has been upgraded to scale


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No. 10 (pre-revised). Thus, the promotion post and feeder post now carry
identical scale of pay.


              Considering the anomaly that has crept in we recommend
upgradation of the pay scale of the Chief Officer of the Office of Sheriff of
Calcutta from scale No. 10 (pre-revised) to pre-revised scale No. 11. This
is also in keeping with the recommendation of the last Pay Commission.


34.3          The association representing the staff members of the
different sub-ordinate courts in West Bengal during their hearing before
this Commission had expressed the opinion, that they should be allowed
pay and other service benefits as awarded by the Hon’ble Justice Shetty
Commission.


34.4          On a reference being made by this Commission to the
Judicial     Department,      the     said    Department   has     informed       this
Commission that Justice Shetty Commission was entrusted by the
Hon’ble Supreme Court vide orders dated 17.12.1997 and 07.01.1998
with the work aimed at improving the service conditions of the judicial
staff and the Commission submitted its Report in March, 2003. After
considering the submission made by the States/ UTs/ High Courts, the
Hon’ble    Apex      Court    on    15.07.2008    was   pleased    to   accept    the
recommendations of the Justice Shetty Commission and also was
pleased to direct the States for implementation of the recommendations
within a period of three months giving retrospective effect from
01.04.2003.


34.5          Thereafter, as per order of the Hon’ble Apex Court the State
Government has implemented the recommendations of the Shetty
Commission in respect of some categories of staff of the Sub-ordinate
courts, namely, Process Servers, Bench Clerks and Stenographers, etc.
and    has    also    taken    steps    for    implementation     of    some     other


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recommendations. But the State Government, as this Pay Commission
has been informed, was unable to implement those recommendations in
which substantial financial burden is involved and accordingly made a
prayer before the Hon’ble Apex Court for modification of the Order of the
Hon’ble Apex Court in respect of the relevant recommendations of the
Justice Shetty Commission.


34.6         It appears that the Hon’ble Apex Court passed an order on
07.10.2009 wherein the Hon’ble Apex Court has observed and directed
as under:


             “We are told that so far all the states/ UTs have not
implemented the recommendations fully.          Some of the states have
implemented the recommendations but had given effect to the date later
than 01.04.2003.     Still some of the grievances of various officers are
subsisting. In view of these circumstances, we direct that hereafter these
matters be considered by the respective High Courts of the States/ UTs.
We direct that:


   i)     The Hon’ble Courts, on judicial/ administrative side, will ensure
          implementation    of   the    recommendations    of   the   Shetty
          Commission within a reasonable period of one year. The High
          Courts shall permit Writ Petitions or applications that may be
          filed by the individual or staff association representing the
          various members of the staff.
   ii)    The High Courts shall also see that the recommendations are
          implemented w.e.f. 01.04.2003.
   iii)   There shall be benefit of one advance increment on the existing
          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, the
          High Court should also see that these recommendations are
          implemented.


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   iv)   In some of the States based on various other Pay Commissions
         Reports, benefits had been given to the members of the staff,
         these benefits, if any, given shall be in addition to the
         recommendations given by the Shetty Commission.           In any
         case, if the members of the staff association/ subordinate staff
         getting higher benefits under any of the recommendations of the
         Pay Commission/ Government Orders, they shall be permitted
         to avail those benefits.


            Office is directed to send back all the records, if any, to the
respective High Courts. A copy of the consolidated Report of the Shetty
Commission may also be sent to the respective High Courts/ UTs.


            I.As. are disposed of accordingly”.


34.7        In view of the above direction of the Hon’ble Apex Court, the
members of staff of the Sub-ordinate courts are to get all service benefits
as recommended by the Hon’ble Justice Shetty Commission for them.


34.8        We   have   not   made   any   recommendations     specifically
concerning these employees. However, the recommendations made by us
for common category posts and our recommendations for enlargement of
scope of promotion of clerical employees belonging to the Directorate and
Regional Offices if accepted by the State Government, may be of some
relevance to them in terms of the Order dated 07.10.2009 of the Hon’ble
Apex Court as reproduced above.


            We presume that Government will act appropriately.




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