SHEO KUMAR SINGH,J. - (1.) Hon'ble the Supreme Court of India while dealing the matter of All India Judges' Association v. Union of India - (2002) 4 SCC 247 had issued several directions for the improvement of service conditions including reasonable hike in the pay scales of the judicial officers. The recommendation made by the First National Judicial Pay Commission popularly known as "Shetty Commission" in this regard, including for grant of three advance increments to judicial officers having post graduate degree in Law, were also accepted.
(2.) While recommending uniform pattern of eligibility conditions and pay structure throughout the country in the Judicial Services, 'Shetty Commission' considered the desirability of granting 'Additional Benefit for Higher Qualification'. The Commission referred to the Service Rules and conditions of service prevailing in different States at the entry level and took notice in para 8.46 of its Report Vol-II of the fact that except Delhi and Rajasthan, in none of the States additional benefit to a selected candidate possessing higher qualification was admissible. The Commission thereafter made the following recommendations in paras 8.48 and 8.49 of the report (Vol-II):- 8.48 If selected candidates are having a higher qualification like Post-Graduation in Law, we recommend that three advance increments be given as it is allowed by the Delhi Administration. It is an acknowledged fact that Post-Graduation in Law is a difficult course and it is better to reward appropriately such candidates.
(3.) The State of U.P. vide Government Order dated 13.05.2002 issued a direction to implement the recommendations of Hon'ble the Apex Court to be effective from the date of 21.03.2002 extending the benefit of three advance increments to the officers who are selected in the service after the above date. Hon'ble the Supreme Court in the cited decision directed all the States of India to implement these recommendations and grant the benefit of three advance increments to those officers who possess higher qualification but the reluctant executive started misinterpreting the Shetty Commission's recommendations to mean that this benefit is extended only to those officers who are selected and joined the services after the date of implementation. Aggrieved by the order, the present petitioners, while filing aforesaid writ petitions under Article 226 of the Constitution of India, have prayed to issue a writ, order or direction in the nature of certiorari quashing the impugned order so far as it affects the right of the petitioners for grant of three advance increments and with further direction in the nature of mandamus commanding the opposite parties to granted three advance increments to the petitioners on the basis of Shetty Commission with effect from the date of their acquiring LL.M degree with further prayer to grant these three increments on every promotion or revised pay scale as granted by the State of Delhi.;