JUDGEMENT
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(1.) An affidavit is filed on behalf of the State of Jammu & Kashmir on August 01,2012 titled as 'Compliance Affidavit on behalf of the Respondent - State of Jammu & Kashmir'. Annexure A to this affidavit is a copy of the Notification dated July 31, 2012, by which amendments are introduced in the Jammu & Kashmir Subordinate Judicial Pay Rules, 2011 issued vide SRO-244 dated August 05, 2011. The first paragraph of the Notification reads thus:
(1) In serial No. 6 of Rule 06, in the Column Revised ACP, the following shall be added as a proviso:-
Provided that, if any super time pay scale has been awarded to district judges, equal to 10% of the selection grade strength, in contravention of the above rule, the same shall be allowed to continue in their personal capacities.
The future strength shall be maintained strictly @ 10% of the Selection grade strength of District Judges and the relevant, recruitment rules be modified accordingly.
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(2.) The amendments made in the relevant rules appear to be in complete deviation from the recommendation of the Padmanabhan Committee, duly approved by this Court.
(3.) Apart from this, there are other instances of non- compliances with the Committee's recommendations as pointed out by Mr. V.K. Jhanji, senior advocate appearing for the applicants.;
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