IN THE HIGH COURT OF JHARKHAND AT RANCHI

(Civil Contempt Jurisdiction)

Contempt Case (Civil) No._________/2010
IN THE MATTER OF :-

An Application under

Sections 11 & 12 of the

Contempt of Courts Act

read with Article 215

to the Constitution of

India;

A N D

IN THE MATTER OF :-

Jharkhand Judicial Services Association through its

Secretary, Brijesh Bahadur Singh, son of late Ganga

Bishnu Singh, presently posted as Sub-Divisional

Judicial Magistrate, Latehar, Jharkhand.

…PETITIONER
 2

-:Versus:-

1.The State of Jharkhand

2.Shri Sheo Basant, son of not known to the

petitioner, the Chief Secretary, Jharkhand,

Ranchi.

3.Shri …………………………………………., the Principal Secretary,

Department of Personnel and Administrative

Reforms, Jharkhand, Ranchi.

4.The Registrar General, Jharkhand High Court,

Ranchi.

…OPP. PARTIES.

To

The Hon’ble Justice Gyan Sudha

Misra, the Chief Justice of

the Jharkhand High Court at

 3

Ranchi and Her other Companion

Justices of the said Hon’ble

High Court.

The humble Petition on

behalf of the Petitioner

above-named;

MOST RESPECTFULLY SHEWETH ;

1.That in the instant Application, Petitioner prays

for initiation of contempt proceeding against the

Opp. parties-contemnor for deliberately and

intentionally not complying the order/direction

given by Hon’ble Supreme Court in W.P.(C) No.

1022 of 1999 as reported in 2002(4) SCC 247,

whereby and whereunder, the recommendation made

by the First National Pay Commission has been

 4

accepted and direction has been issued for its

implementation but there are several

recommendations of the Hon’ble Justice Shetty

Commission, which have been accepted by the

Hon’ble Supreme Court and directions issued for

its implementation but the same has not been

implemented in the State of Jharkhand for the

Judicial Officers inspite of lapse of about eight

years.

2.That it is stated that the Petitioner has not

moved before this Hon’ble Court for the same self

relief(s).

3.That it is stated that the petitioner is the

Association of the Judicial Officers working in

the State of Jharkhand and the present

application is being filed for implementation of

 5

the recommendations made by the 1st National

Judicial Pay Commission under the Chairmanship of

Hon’ble Mr. Justice K.J. Shetty, which has been

implemented in the State of Jharkhand.

4.That it is stated that in pursuance to the

direction given by the Hon’ble Supreme Court in

All India Judges’ Association Case reported in

1992(1) SCC 119 and the review order passed by

the Hon’ble Apex Court reported in 1993(4) SCC

288, the Government of India constituted the 1st

National Judicial Pay Commission under the

Chairmanship of Hon’ble Mr. Justice K.J. Shetty

and specified its terms of reference.

5. That it is stated that the Commission submitted

its report on 11.11.1999.

 6

6. That it is stated that the Hon’ble Supreme Court

has considered the recommendation made by the

Hon’ble Shetty Commission and after some

modifications, the recommendation made by the

Hon’ble Shetty Commission has been accepted and

direction has been issued for its implementation

and further the States and Union of India has

been directed to submit the compliance report.

7. That it is stated that the Hon’ble Supreme Court

by it is judgment dated 21.3.2002 directed the

states to comply the recommendations of Shetty

Commission and submit the compliance report.

“Photocopy of judgment

dated 21.3.2002 reported

in 2002(4) SCC 247 is

annexed herewith and

 7

marked as Annexure-1,

which forms part of this

application.”

8. That it is stated that the Hon’ble Shetty

Commission has made recommendation for the

Government Compulsory Insurance Scheme but the

said Scheme has not been implemented in the State

of Jharkhand although, the Group Insurance Scheme

(GIS) is existing in the State of Jharkhand and

an amount of Rs. 120/- is being deducted from the

salary of the Judicial Officers. The State of

Karnatka, Gujrat, Kerala etc. have already

implemented the Government Compulsory Insurance

Scheme, which is much more beneficial.

 8

9. That it is stated that the Medical Facilities to

the Judicial Officers is to be provided as it is

applicable to the Members of the Legislative

Assembly (MLA). The State Government has issued a

Circular as contained in Memo No. 260 dated

17.7.07 by which, the medical facilities have

been made available to the Judicial Officers but

all the benefits, which are being made in the

State of the Jharkhand to the Members of the

Legislative Assembly, have not been provided to

the Judicial Officers, which will appear from the

fact that the Medical Allowances as it is being

given to the Members of the Legislative Assembly

under the Jharkhand Bidhan Mandal (Members,

Salary Allowance and Pension) Act, 2001. Under

Section 12 of the said Act, the Members of the

 9

Legislative Assembly are entitled to monthly

payment of Rs. 2000/- towards the Medical

Allowance, which was subsequently, amended vide

Notification dated 27th February, 2006 to Rs.

3000/-. However, the said medical allowance,

which is being paid monthly to the Members of the

Legislative Assembly has not been given to the

Judicial Officers of the State of Jharkhand.

“Photocopy of Memo No.

260 dated 17.7.07 is

annexed herewith and

marked as Annexure-2,

which forms part of this

application.”
 10

10. That it is stated that the Hon’ble Shetty

Commission has recommended for grant of Special

Pay to the eligible Judicial Officers but the

said benefit has not been given in the State of

Jharkhand.

11. That it is stated that the Hon’ble Apex Court

while considering the recommendation of the

Hon’ble Shetty Commission in relation to grant of

House Rent Allowance (HRA) to the judicial

officers has observed and directed that the

official accommodation which is allotted to the

Judicial Officers are likewise be free of charges

but no HRA will be payable for such and allotment

being made. If, however, the Government for any

reason, is unable to make allotment or make

available the official accommodation, then in

 11

that event, the Judicial Officer would be

entitled to get HRA similar to that, which has

been as existing or as directed by the Hon’ble

Shetty Commission, whichever is higher.

The recommendation made by the Hon’ble Shetty

Commission clearly shows with respect to the

payment of HRA but prior to the implementation of

the Hon’ble Shetty Commission Report, it was a

provision that 12.5% of the basic salary is being

deducted from the salary of the Judicial Officer,

who used to stay in rented house in the State of

Jharkhand. There are several officers who are

staying in the rented house and due to which,

12.5% of their salaries are being deducted but no

such recommendation has been given by the Hon’ble

Shetty Commission and as such, the Judicial

 12

Officers, who are stating in the rented house are

suffering a lot.

12. That it is stated that the nomenclature of the

Judicial Officers is to be made in view of the

recommendation made by the Hon’ble Shetty

Commission but inspite of acceptance and

determination of the nomenclature of the Judicial

Officers, the State Government has not made any

notification in this regard and as such, the said

direction given by the Hon’ble Shetty Commission

has not been implemented in the State of

Jharkhand.

13. That it is stated that the Judicial Officers,

who have got higher qualification are to be given

three advance increments as it has been

 13

recommended by the Hon’ble Shetty Commission but

till date, no such Notification has been issued

by the State of Jharkhand.

14. That it is stated that the format of Annual

Confidential Report (ACR) is also to be changed

in view of the recommendation made by the Hon’ble

Shetty Commission although, such format of ACR

has already implemented in different States but

the same has not been implemented in the State of

Jharkhand.

“Photocopy of the Format

of ACR is annexed

herewith and marked as

Annexure-3, which forms

part of this

application.”
 14

15. That it is stated that Drawing Room of the

Judicial Officers are also to be well furnished

as per recommendation made by the Hon’ble Shetty

Commission but the State of Jharkhand has not

provided such facilities to the Judicial

Officers.

16. That it is stated that the OPP. Party No. 4 has

submitted a compliance report of the Hon’ble

Shetty Commission’s recommendations, which will

appear from the letter No. 12 dated 17.3.2009.

“Photocopy of letter No.

12 dated 17.3.09 along

with the compliance

report is annexed

herewith and marked as

 15

Annexure-4 Series, which

forms part of this

application.”

17. That it is stated that the petitioner has made

representation before the Opp. Parties for

implementation of all the recommendations made by

the Hon’ble Shetty Commission but till date no

action has been taken by the Opp. Parties for

implementation of those recommendations which

have not been implemented in the State of

Jharkhand.

18. That it is stated that the action on the part

of the Opp. Parties is deliberate and intentional

as instead of several years have passed with

respect to the acceptance of the recommendation

 16

of the Hon’ble Shetty Commission but all the

benefits of such recommendations have not been

given to the Judicial Officers in the State of

Jharkhand.

19. That it is stated that the petitioner made

representation before the Opposite party for

compliance of the direction given by the Hon’ble

Supreme Court, but till date the Opp. parties

have not complied with the directions.

Photocopy of representation

dated .......... is annexed

herewith and marked as

Annexure-5, which forms part

of this application.”
 17

20. That it is stated that the action on the part

of the Opp. Parties is deliberate and intentional

as they have got no regard to the order/direction

given by the Hon’ble Supreme Court.

21. That it is stated that the Hon’ble Apex Court

has already observed in I.A. No. 221 of 2008

filed in the case of All India Judges’

Association that the parties may approach to the

High Court and as such, the present contempt

application is being filed before this Hon’ble

Court.

22. That this application is made bona fide and in

the interest of justice.

It is, therefore, prayed that

Your Lordships may graciously

be pleased to admit the

 18

instant contempt application,

issue notice to the Opp.

parties and after hearing the

Parties be further pleased to

pass appropriate order for

punishment under Section 11

and 12 of the Contempt of

Court Act to the Opp. Parties

for not complying the

order/direction given by

Hon’ble Supreme Court in W.P.

(C) No. 1022 of 1999 reported

in 2002(4) SCC 247.

AND/OR

To pass such other

order(s)/direction(s) as Your
 19

Lordships may deem fit and

proper for doing conscionable

justice to the Petitioner.

And for this act of kindness, the Petitioner shall

ever pray.
 20

A F F I D A V I T

I, Brijesh Bahadur Singh, son of late Ganga Bishnu

Singh, presently posted as Sub-Divisional Judicial
Magistrate, Latehar, Jharkhand, do hereby solemnly
affirm and state as follows :-
1. That I am the Secretary of the Jharkhand
Judicial Services Association and as such I am
well acquainted with the facts and circumstances
of this case.
2. That the contents of this Application and
affidavit have been read over to me and
explained in Hindi which I have fully
understood.
3. That the statements made in paragraphs
…………………………………………………………………………………………….. are true
to my knowledge. Those made in paragraphs
………………………………………………………………………………………….are based on
information derived from the records of the
case, verily believed by me to be true and rest
are by way of submissions before this Hon’ble
Court.
4. That the annexures are photo/certified
/typed/true copies of their respective
originals.
5. Verified, sworn and signed by me on .......day
of ............, 2010 at Jharkhand High Court,
Ranchi.
 21

IN THE HIGH COURT OF JHARKHAND AT RANCHI

(Civil Contempt Jurisdiction)
Contempt Case(Civil) No._________/2010
Jharkhand Judicial Services Association .PETITIONER
-:Versus:-
The State of Jharkhand and Ors. OPP. PARTIES.

Sub :- Contempt of Court

I N D E X

Sl. Annexure Particulars Page

No. No.
1 Application with 01-06
Affidavit.
2 Annexure-1 Photocopy of judgment
dated 21.3.2002
reported in 2002(4) SCC
247
3 Annexure-2 Photocopy of Memo No.
260 dated 17.7.07
4 Annexure-3 Photocopy of the Format
of ACR
5 Annexure-4 Photocopy of letter No.
12 dated 17.3.09 along
Series.
with the compliance
report.
6 Annexure-5 Photocopy of
representation
dated ..........
7 Vakalatnama.
 22

IN THE HIGH COURT OF JHARKHAND AT RANCHI

(Civil Contempt Jurisdiction)
Contempt Case(Civil) No._________/2010
Jharkhand Judicial Services Association .PETITIONER

-:Versus:-

The State of Jharkhand and Ors. OPP. PARTIES.

Sub :- Contempt of Court

Prayer: That in the instant Application, Petitioner

prays for initiation of contempt proceeding against
the Opp. parties-contemnor for deliberately and
intentionally not complying the order/direction
given by Hon’ble Supreme Court in W.P.(C) No. 1022
of 1999 as reported in 2002(4) SCC 247, whereby and
whereunder, the recommendation made by the First
National Pay Commission has been accepted and
direction has been issued for its implementation
but there are several recommendations of the
Hon’ble Justice Shetty Commission, which have been
accepted by the Hon’ble Supreme Court but the same
 23

has not been implemented in the State of Jharkhand

for the Judicial Officers.
Para-7 That the Hon’ble Supreme Court by it is
Annex-1
judgment dated 21.3.2002 directed the
21.3.02
states to comply the recommendations of
Shetty Commission and submit the
compliance report.
Para-9 That the Medical Facilities to the
Annex-2 Judicial Officers is to be provided as it
17.7.07 is applicable to the Members of the
Legislative Assembly (MLA). The State
Government has issued a Circular as
contained in Memo No. 260 dated 17.7.07
by which, the medical facilities have
been made available to the Judicial
Officers but all the benefits, which are
being made in the State of the Jharkhand
to the Members of the Legislative
Assembly, have not been provided to the
Judicial Officers, which will appear from
the fact that the Medical Allowances as
it is being given to the Members of the
 24

Legislative Assembly under the Jharkhand

Bidhan Mandal (Members, Salary Allowance
and Pension) Act, 2001. Under Section 12
of the said Act, the Members of the
Legislative Assembly are entitled to
monthly payment of Rs. 2000/- towards the
Medical Allowance, which was
subsequently, amended vide Notification
dated 27th February, 2006 to Rs. 3000/-.
However, the said medical allowance,
which is being paid monthly to the
Members of the Legislative Assembly has
not been given to the Judicial Officers
of the State of Jharkhand.
Para-14 That the format of Annual Confidential
Annex-3 Report (ACR) is also to be changed in
view of the recommendation made by the
Hon’ble Shetty Commission although, such
format of ACR has already implemented in
different States but the same has not
been implemented in the State of
Jharkhand.
 25

Para-16 That the OPP. Party No. 4 has submitted a

Annex-4
compliance report of the Hon’ble Shetty
series
17.3.09 Commission’s recommendations, which will
appear from the letter No. 12 dated
17.3.2009 but till date all the
recommendations made by the Hon’ble
Shetty Commission have not been
implemented in the state of Jharkhand.
Para-19 That the petitioner made representation
Annex-5
before the Opposite party for compliance
.......
of the direction given by the Hon’ble
Supreme Court, but till date the Opp.
parties have not complied with the
directions.

HENCE THIS CONTEMPT APPLICATION.