Maharashtra Government Ordered to Pay Salary Arrears with Interest for Delay in Compliance
In a significant judgment, the Bombay High Court, Aurangabad Bench, has directed the State of Maharashtra to implement the recommendations of the Shetty Commission for stenographers working in District Courts and subordinate judiciary with effect from April 1, 2003. This decision comes after a prolonged legal battle initiated by the petitioners, Rajendra and others, against the State for non-compliance with the Supreme Court's directive.
The court, comprising Justices Kishore C. Sant and Sushil M. Ghodeswar, expressed its dissatisfaction with the state's repeated adjournments and delays in implementing the Shetty Commission's recommendations. The court ordered the state to pay the salary differences to the affected stenographers within six months, along with an interest of 6% per annum, calculated from the date of the Supreme Court's order on October 7, 2009.
The petitioners, represented by advocate Ms. Pradnya S. Talekar, argued that despite the Supreme Court's clear directive in 2009 to apply the Shetty Commission's recommendations from 2003, the state government delayed compliance and issued ambiguous resolutions. The government's resolutions dated October 20, 2011, and September 15, 2018, failed to specify clear implementation timelines, further complicating the matter.
The court noted the state's lack of justification for delaying the implementation, highlighting that the Shetty Commission's recommendations should have taken precedence over the 5th Pay Commission's scales, which were less beneficial for the employees. Despite the state's argument that the existing pay scales were more advantageous, the court upheld the petitioners' contention that the Shetty Commission's recommendations should be applied as per the Supreme Court's directive.
This ruling is expected to have significant implications for the stenographers, ensuring they receive the benefits they were entitled to over the past two decades. The court's decision reinforces the importance of adhering to judicial directives and ensuring timely compliance with commission recommendations aimed at improving the conditions of judicial employees.
Bottom line:-
Implementation of Shetty Commission recommendations for stenographers working in District Courts and subordinate courts directed from 01.04.2003, with arrears to be paid along with interest for delay in compliance.
Statutory provision(s): Shetty Commission Recommendations, Supreme Court Order dated 07.10.2009, Government Resolutions dated 20.10.2011 and 15.09.2018.
Rajendra v. State of Maharashtra, (Bombay)(DB)(Aurangabad Bench) : Law Finder Doc id # 2923708
