Nirmaljit Kaur, J. - (1.) The present writ petition has been filed by the Rajasthan Judicial Employees Association being a registered body corporate and working for the welfare of the staff/subordinate courts of Rajasthan seeking implementation of the recommendations made by the Shetty Commission.
(2.) The service conditions, pay scales etc. of the staff of subordinate courts in Rajasthan are governed by the Rajasthan Subordinate Courts Ministerial Establishment Rules, 1986. In pursuance to the directions issued by the Apex Court in All India Judge's Association & Ors. Vs. Union of India & Ors. in W.P. (Civil) NO.1022/1989, Justice Shetty was appointed to inquire about the service conditions of the staff members of the subordinate courts and to suggest ways to improve it. The Commission after affording an opportunity of being heard to the representations of the various Associations, High Courts and State Governments/UTs suggested measures for effective administration of courts as also made recommendations for grant of various allowances, pay scales, other benefits, etc. The said report of Shetty Commission was perused by the Hon'ble Supreme Court and the Supreme Court vide its order dated 7.10.2009 passed the following order in the case of All India Judges Association :- "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 High Courts, on judicial/administrative side, will ensure implementation of the recommendations of the Shetty Commission within a reasonable period of one year. The High Court 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. 1.4.2003. 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. 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. A copy of the consolidated Report of the Shetty Commission may also be sent to the respective High Courts/UTs."
(3.) The respondents were duty bound to implement the directions but when the same were not implemented, the petitioner submitted a representation before the Registrar General, Rajasthan High Court way back on 26.11.2009 requesting that all the 19 classified recommendations of Shetty Commission be carried out and the necessary amendments be made in the Rajasthan Subordinate Courts Establishment Rules, 1986 and other rules wherever the said amendment was required.;