- (1.) Instant writ petition has been filed by a retired Judicial Officer claiming certain benefits for the period during which he worked as Presiding Officer. Debt Recovery Tribunal-I. Kolkota for the period commencing from 28.06/2001 upto 30/04/2004 i.e. the date on which he completed his term and retired from DRT.
(2.) The petitioner was a member of Rajasthan Higher Judicial Service and while posted as District & Sessions Judge, Jhunjhunu was appointed as Presiding Officer, DRT- I, Kolkota vide notification dated 16/07/2001, issued by the Joint Secretary, Government of India, Ministry of Finance, Department of Economic Affairs (Banking Division), New Delhi w.e.f. 28/06/2001. Pursuant to his appointment as a Presiding Officer, DRT-I, Kolkota, he was relieved on 20/06/2001 and joined as Presiding Officer, DRT-I, Kolkota on 28/06/2001. He attained the age of superannuation of 60 years as a member of Rajasthan Higher Judicial Service on 30/04/2002 but since his appointment as a Presiding Officer was a term appointment for five years, even after attaining the age of 60 years, he worked as Presiding Officer, DRT-I, Kolkota upto 30/04/2004 upto completion of term of appointment. As regards the benefit of 'Setty Commission' for the period during which he remained in service on deputation, an order dated 23/03/2005 was passed by the respondent No.4-High Court extending the benefit of 'Setty Commission' to the officers and the petitioner as well w.e.f. 01/07/1999.
(3.) The grievance of the petitioner is that of the remaining period, during which he worked as a Presiding Officer, DRT-I, Kolkota after his superannuation of 60 years, he was entitled for the benefit of 'Shetty Commission' and in one of the Interim Application No.213 order was passed by the Apex Court on 05/02/2008 which is quoted ad-infra:- "I.A.No.213: This application is filed by six officers working in the cadre of District Judges in the Kerala State Higher Judicial Service. It is contended that judicial officers working on deputation as Law Secretary, Registrar General, Registrar, Additional Registrars are denied the benefit of Shetty Commission recommendations merely because they are working on deputation. The stand taken by the State Government is not correct. Officers continue to be judicial officers even though they are on deputation. The State Government is, therefore, directed to pass appropriate orders within a period of eight weeks extending the benefits to those judicial officers who are working on deputation. I.A. Is disposed of accordingly.";