Supreme Court - Daily Orders
Union Territory Of Jammu And Kashmir vs Saif Din on 18 March, 2026
SLP(C) Nos. 15460-15462/2024
ITEM NO.6 COURT NO.7 SECTION XI-B
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition for Special Leave to Appeal (C) Nos. 15460-15462/2024
[Arising out of impugned final judgment and order dated
19-07-2023 in CPSW No. 612/2017 28-03-2024 in CPSW No. 612/2017
03-04-2024 in CPSW No. 750/2017 passed by the High Court of
Jammu & Kashmir and Ladakh at Jammu]
UNION TERRITORY OF JAMMU AND KASHMIR Petitioner(s)
VERSUS
SAIF DIN & ORS. Respondent(s)
(IA No. 122341/2024 - EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT, IA No. 58814/2025 - PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES)
Date : 18-03-2026 This matter was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE J.B. PARDIWALA
HON'BLE MR. JUSTICE K.V. VISWANATHAN
For Petitioner(s) : Mr. K.M. Natraj, ASG
Mr. Parth Awasthi, Adv.
Mr. Pashupathi Nath Razdan, AOR
Ms. Maitreyee Jagat Joshi, Adv.
Mr. Astik Gupta, Adv.
Ms. Akanksha Tomar, Adv.
Mr. Vatsal Joshi, Adv.
Ms. Simran Sharma, Adv.
For Respondent(s) :Ms. Jasmine Damkewala, AOR
Mr. Sourabh Malhotra, Adv.
Mr. Alok Kumar, Adv.
Signature Not Verified Ms. Ankita Lochab, Adv.
Digitally signed by
CHANDRESH
Date: 2026.03.24
15:52:22 IST
Reason:
1
SLP(C) Nos. 15460-15462/2024
Mr. Prem Sood, Adv.
Ms. Vaishali Sharma, Adv.
Mr. Divyam Khera, Adv.
Ms. Anusha Misra, Adv.
Mr. D.N. Goburdhun, Sr. Adv.
Mr. Sumit Singh Somria, Adv.
Ms. Shivangi Gumber, Adv.
Ms. Anjali Sharma, Adv.
Ms. Priyanshi, Adv.
Mr. P. D. Sharma, AOR
UPON hearing the counsel the Court made the following
O R D E R
1. In pursuance of our order dated 21.1.2026, two reports have been filed, one by the High Court of Jammu and Kashmir and another by the Union Territory of Jammu and Kashmir. We must first look into the stance of the High Court as regards the Chief Administrative Officers, Process Servers and Bailiffs respectively are concerned, the report states thus:-
Status Report
1) That as directed by Hon’ble Apex Court vide its order (supra) the comprehensive report as regards to the status of the Chief Administrative Officers, Readers, Stenographers, Process Servers and other miscellaneous recommendations are submitted here in below:
A. Chief Administrative Officers (CAOs):
(i) As per the recommendations of the Shetty Pay Commission contained in Chapter-XII of the Report (page No. 183-184), pertaining to grant of appropriate pay scale to the CAO, it recommended that the CAO shall look after the entire 2 SLP(C) Nos. 15460-15462/2024 administrative functions of all the sub-ordinate courts in the District. The post of CAO is to be included in Group-A/Class-I and the pay scale of the post is recommended to be the lowest pay scale admissible to that Group/Class. The recommendations made it clear that the pay scale of CAO should be higher than the pay scale of all other staff working in the District Administration. The Commission’s recommendations relating to Jammu & Kashmir further clarified that at least one post of CAO be created in each District in the pay scale of Rs. 7500- 2050-
1200 (pre-revised) {now Level-8 (47600-151100)} (page No. 429). Accordingly, Government vide its order No. 4999-LD(A) of 2017 dated 11.10.2017, created 18 posts of CAOs in the District in the pay scale of Rs. 9300-34800+4600 {now Level-8 (47600- 151100)}, since 04 such posts were already existing in the cadre.
(ii) It is submitted that in terms of duties, responsibilities, supervisory control and administrative authority, the post of Chief Administrative Officer is the highest administrative post in the District Judiciary. The CAO functions as the head of the District Court Administration under the overall control of the Principal District & Sessions Judge and is entrusted with comprehensive control over establishment, accounts, budgetary matters, and general administration of all subordinate courts in the District, thereby reinforcing his position as the highest administrative authority at the District level within the District Judiciary. He has to effectively supervise the work & conduct of lower staff. In this regard the Chief Justice’s Secretariat has already issued a Notification bearing No. 2853 of 2023/Psy dated 27-12-2023 under which the duties and responsibilities have been assigned to the post of Chief Administrative Officers in touchstone with the Shetty Pay Commission Recommendations.
(iii) It is submitted that there are posts of Accounts Officers and Principal Counselors in the District Judiciary of J&K which also carry the pay scale of 7500- 2050-1200 (pre-revised) {now Level-8 (47600- 151100)}, which is the same pay scale given to the post of Chief Administrative Officer. However, the superiority of functioning of the CAO has been maintained because the nature of work of CAOs is much 3 SLP(C) Nos. 15460-15462/2024 different from Accounts Officers & Principal Counselors. The CAO is highest administrative authority at the District level within the District Judiciary.
(iv) Nevertheless, the Registrar General, High Court of J&K and Ladakh vide order No. 51082 of 2023/RG/NG- 392(I) dated 13.11.2023 has requested the Law Department for immediate taking below mentioned necessary steps for implementation of recommendations of Hon’ble High Court’s Order date 19-07-2023:-
a) Upgradation/ Creation of posts of CAO, Stenographers and Readers retrospectively, i.e. w.e.f. 01-04-2003.
b) Upgradation of pay scale of 22 Chief Administrative Officers posts from Level-8 (47600-
151100) to Level-9 (52700-166700).
However, to date the proposal is pending before the Government.
(B) Process Servers/Bailiffs:
(i) The Shetty Pay Commission also recommended the creation of the cadre of Bailiffs alongside the cadre of Process Servers. It also recommended that the same pay scales which are admissible to the Assistant/LDC in the respective States/UTs may be granted to the Bailiffs (page No. 105). Accordingly, the High Court recommended to the Government, the creation of a separate cadre of Bailiffs for the execution of warrants issued in execution of decrees, orders, etc.
(ii) Accordingly, (96) posts of Bailiffs in the pay scale of Rs. 5200-20200+1900 (pre-upgraded – SRO-333) have been recommended to be created, but till date these posts have not been created. The High Court vide communication Nos. 1926/Psy-435 dated 03-10-2017 followed by communication No. 09/Psy-435 dated 18-05-
2020 and 119/Psy dated 11-08-2020 has requested the Law Department to create these posts, however, the Law Department had responded with a request to reconsider the proposal. Thereafter, the Registrar General vide communication No. 29868/Psy-435 dated 09-06-2023 conveyed to the Law Department that the matter was placed before Hon’ble the Chief Justice 4 SLP(C) Nos. 15460-15462/2024 and His Lordship opined that there is no need to reconsider it. The Proposal is still pending with the Government till date.
(C)Miscellaneous Recommendations:
(i)The Shetty Commission Report also contained miscellaneous recommendations like bifurcation of office work and court work, housing facility to court staff, basic amenities, uniform allowance, formation of cooperative societies, Lok Adalat Allowance, LTC/HTC benefits, training to Court employees, and cleanliness in Court. It is submitted that the steps have already been taken in respect to Miscellaneous Recommendations suggested by Shetty Pay Commission.
(ii) Regarding Lok Adalat allowance, in terms of a Communication No. F.No. L/25/2015 CA/NALSA of NALSA to all SLSAs, there is a provision of paying one day's basic pay to all Presiding Judges, members of Lok Adalat and staff as special duty allowance for each day of Lok Adalat held on a holiday to be paid from the NALSA fund.
(iii) With regard to encouraging the court employees to form cooperative societies for their welfare, it is submitted that no such request has been received by the High Court from the employees of the District Judiciary.
(iv) Regarding housing facilities for court staff in each district, it is submitted that in none of the districts has the Government earmarked residential quarters for court employees of the District Judiciary.
(v) Regarding the Uniform, it is submitted that the Uniform is already provided to Class-IV employee and Drivers in the District.
(vi) Regarding providing of LTC/HTC benefits, it is submitted that the said facility is in place to all government employees, including the employees of the District Judiciary.
(D) Benefit of Recommendations w.e.f. 01-04-2003
(i) It is submitted that the Hon’ble High Court vide its judgment dated 09-03-2006, passed in SWP No. 53/2011 5 SLP(C) Nos. 15460-15462/2024 titled Surinder Singh & Ors. Vs State of J&K and Ors, directed the Government to implement the recommendation of the Commission. The High Court, through several communications, including the communication No. 51082 0f 2023/RG/NG-392(I) dated 13-11-2023 impressed upon the Law Department for upgradation/creation of posts of CAO, Stenographers and Readers retrospectively, i.e. w.e.f.
01-04-2003.
(ii) However, the proposal is still pending with the Government.
9. That detailed recommendations of the Justice Shetty Commission and the status of its implementation thereof are shown as tabulated below:-
S. Recommendations of Implementation No. Shetty Pay Commission Report PART – I It has been recommended The aforesaid that the staff has to be recommendation has classified into Groups A, been implemented by B, C and D in terms of the High Court by their pay scales to avoid providing any class-consciousness or classification of superiority or inferiority different categories complex and to ensure of employees as A, B, homogeneity in service: C & D in Schedule-B to the J&K Ministerial Staff of the Subordinate Courts (Recruitment and Conditions of Service), Rules, 2016,.
It has been recommended Rule 12 of J&K that there shall be a Ministerial Staff of Recruitment Cell the Subordinate Courts established in each (Recruitment and District Court for the Conditions of Service), purpose of making Rules, 2016, empowers recruitment to all the Chief Justice to categories of posts, make regulations, inter excluding the posts for alia, to provide for which the High Court is the constitution of the appointing authority: District or Divisional Recruitment Board. So, the legal framework for implementation of the 6 SLP(C) Nos. 15460-15462/2024 aforesaid recommendation has been put in place by the High Court.
With regard to
recruitment of District
Cadre posts, Hon’ble
the Chief Justice has
been pleased to
authorize the Hon’ble
Administrative Judge of
the concerned District
to carry out the
selection either by
themselves or through a
committee to be
constituted by them at
the District Level.
Medical Allowance for The District Judiciary
staff: employees are already
provided with Medical
Allowance; therefore,
no recommendation was
issued.
It has been recommended In terms of Government
that a special allowance Order No. 4999-LD(A) of
of Rs. 100/ per month be 2017 dated 11.10.2017,
given to the Staff working special allowance in
in the Record favour of each of the
Room/Property Room: staff members working
in the Record Rooms in
the Courts has been
provided for, and the
same has been made
payable with effect
from 01.04.2003. Thus,
the recommendation
stands implemented.
It has been recommended Vide Government Order
that the posts of Protocol No.4999-LD(A) of 2017
Officers in the pay scale dated 11.10.2017, 07
of Rs.6500-10500/ and posts of Protocol
Assistant Protocol officers and 07 posts
Officers in the pay scale of Assistant Protocol
of Rs.4000-6000/ be Officers in the
created at the places aforesaid pay scales
7
SLP(C) Nos. 15460-15462/2024 suggested by the High have been created in Court, i.e., at Jammu, the District Judiciary.
Udhampur, Kathua, The process for filling
Srinagar, Anantnag, up these posts is in
Baramulla and Leh: progress. The
recommendation,
therefore, stands
implemented
Assured Career Progression The in-situ promotion
Scheme: The Commission scheme is already in
recommended providing an place; therefore, no
in-situ promotion scheme. recommendation was
issued.
As the benefit was
already in place.
PART – II
I. It has been recommended The J&K Ministerial
that the pay scale of Rs. Staff of the
2650-4000/ be assigned to Subordinate Courts
Jamadars and with further (Recruitment and
recommendation that the Conditions of Service),
post be made a promotional Rules, 2016, provide
post for Chowkidars and that the post of
Safaiwalas: Jamadar shall be a
promotional post for
Orderlies, Chowkidars
and Safaiwalas. Thus,
the recommendation
stands implemented.
II. Recommendation has been The recommendation
made for appointment of stands implemented as
50% of posts of Process 50% of the posts in the
Servers by qualified cadre of Process
Group-D/Class-IV staff: Servers have been made
promotional posts for
Group-D/Class-IV staff
in terms of the J&K
Ministerial Staff of
the Subordinate Courts
(Recruitment and
Conditions of Service),
Rules, 2016.
III. The recommendation has It is to be noted that,
been made that Process as per the aforesaid
Servers, who possess the Rules of 2016, 25% of
requisite academic the posts of the cadre
8
SLP(C) Nos. 15460-15462/2024 qualification, should be of Junior Assistants considered for promotion have been reserved for to the higher cadre: selection/ promotion from Graduate Process Servers. The recommendation, therefore, stands implemented.
IV. Recommendation has been The High Court has made to suitably recommended the restructure the cadre of creation of a separate Process Establishment into cadre of Bailiffs for two cadres, i.e. Process the execution of Servers with the highest warrants issued in pay scale available to execution of decrees, Group-D /Class-IV posts orders, etc. and Bailiffs with the pay Accordingly, (96) posts scale of LDC/LDA. of Bailiffs in the pay scale of Rs. 5200-20200 plus Grade Pay of Rs.
1900/ have been recommended to be created, but to date these posts have not been created. The Law Department responded with a request to reconsider the proposal. Thereafter, Registrar General vide communication No. 29868/Psy-435 dated 09- 06-2023 impressed upon the Law Department that the matter was placed before Hon’ble the Chief Justice and His Lordship that there no need to reconsider it.
Therefore, the recommendation regarding restructuring of the cadre of Process Serving Establishment by creating a separate cadre of Bailiffs has not been implemented by the Government.9
SLP(C) Nos. 15460-15462/2024 V. Recommendation has been The recommendation made for payment of not stands implemented vide less than Rs.200/ per Government Order No. month as travelling 4999-LD(A) of 2017 allowance to the Process dated 11.10.2017, Servers. inasmuch as a fixed travelling allowance of Rs. 200/ per month has been provided for Process Servers with effect from 1.04.2003.
VI. It has been recommended So far as the that there should be three creation/upgradation of grades of Readers for posts of Readers in three levels of Courts, accordance with the namely, Courts of Civil aforesaid Judges (Jr. Division), recommendation is Courts of Civil Judges concerned, the same has (Sr. Division) and been done by the District and Sessions Government in terms of Courts, with pay scales of its order bearing No. Rs. 4000-100- 6000, 3927-LD(A) of 2018 Rs.5000-150-8000 and Rs. dated 11.07.2018.
6500-200- 10500
respectively. However, as per the
judgment of the Supreme
Court as well as of the
Writ Court, the
benefits of upgraded
scales have to be
granted with effect
from 01.04.2003. The
existing posts of
Readers have been
upgraded only in terms
of the Government Order
dated 11.07.2018.
Therefore, those
officials who were
already working as
Readers at different
levels of the Courts
have not been provided
with the benefit of
upgraded scales
attached to their posts
with effect from
10
SLP(C) Nos. 15460-15462/2024 01.04.2003 up to the creation of the upgraded post.
VII. It has been recommended Vide Government Order there should be three No.4999-LD(A) of 2017 cadres of Stenographers, dated 11.10.2017, (22) namely Steno Typist posts of Senior Scale (Stenographer Grade-III Stenographers have been with pay scale of Rs. sanctioned and besides 4000-6000), Junior Scale this (08) more posts of Stenographer (Stenographer Stenographers for Grade-II with pay scale of creating a pool of Rs. 5000-8000) and P.A- Stenographers have also cum-Senior Scale been sanctioned. The Stenographer (Stenographer aforesaid Government Grade-I with pay scale of Order further provides Rs. 6500-10500) for the that Special allowance three levels of the @Rs. 200/ inclusive of Courts, i.e., Courts of travelling/compensatory Civil Judges (Jr. allowance shall be Division), Courts of Civil payable to the Judges (Sr. Division) and Executive Assistants, District and Sessions and the said payment Judges. It has also been has been made effective recommended that one of from 01.04.2003. the Stenographers Grade-I So far as the creation can be designated as of (03) grades of Executive Assistant by the Stenographers is Principal District & concerned, the Sessions Judge, and a recommendation of the recommendation has also Commission stands been made about the implemented. Similarly, provision for the Pool of the recommendation Stenographers. It has regarding pool further been recommended Stenographers and that at Tehsil, Taluka and allowances to Executive District Headquarter Assistants also stands level, this category of implemented. officials be paid However, as per the travelling/compensatory/sp judgment of the Supreme ecial allowance of not Court as well as of the less than Rs. 100/ per Writ Court, the month, and those working benefits of upgraded in cities should be paid scales have to be the aforesaid allowances granted with effect @Rs.150/ per month. from 01.04.2003. The Government has created 11 SLP(C) Nos. 15460-15462/2024 22 posts of Senior Scale Stenographers on 11.10.2017. Therefore, those stenographers who were already working with the Courts of District Judge/Addl.
District Judge level in
a lower grade, have not
been provided with the
benefit of upgraded
scales attached to
their posts with effect
from 01.04.2003 up to
the creation of the
aforesaid posts. The
recommendation
regarding payment of
allowances to
Stenographers other
than Executive
Assistants has also not
been implemented.
VIII. It has been recommended As per Government Order
that the posts of No.4999-LD(A) of 2017
Administrative Officers in dated 11.10.2017, (18)
each District be created posts of Chief
in the lowest pay scale in Administrative Officers
Group A (Rs.7500-250- (CAOs) in District
12000, pre-revised). Courts in the pay scale
of Rs.9300-34800+4800
(now Level-8 47600-
151100) have been
created, and (04) such
posts were already
existing in the cadre.
At present, there is
one post of CAO in each
District of J&K.
It is worth mentioning
that, in terms of
duties,
responsibilities,
supervisory control,
and administrative
authority, the post of
Chief Administrative
Officer is the highest
administrative post in
12
SLP(C) Nos. 15460-15462/2024 the District Judiciary.
The CAO functions as the head of the District Court Administration under the overall control of the Principal District & Sessions Judge and is entrusted with comprehensive control over establishment, accounts, budgetary matters, and general administration of all subordinate courts in the District, thereby reinforcing their position as the highest administrative authority at the District level within the District Judiciary.
In this regard the Chief Justice’s Secretariat has already issued a Notification bearing No. 2853 of 2023/Psy dated 27-12- 2023 under which the duties and responsibilities have been assigned to the post of Chief Administrative Officers in touchstone with the Shetty Pay Commission Recommendations.
It is submitted that in the District Judiciary of J&K, there are posts like Accounts Officers & Principal Counselors which also carry the pay scale of 7500- 2050-1200 (pre-revised) 13 SLP(C) Nos. 15460-15462/2024 {now Level-8 (47600- 151100)}, which is the same pay scale attached to the post of Chief Administrative Officer.
However, the
superiority of
functioning of the CAO
has been maintained as
the nature of work of
CAOs is much different
from Accounts Officers
and Principal
Counselors.
In this regard, the
Registrar General, High
Court of J&K and Ladakh
vide No. 51082 of
2023/RG/NG-392(I) dated
13-11-2023 requested
the Law Department for
upgradation of 22 CAO
posts from existing
Level-8 (47600-151100)
to Level-9 (52700-
166700), this part is
yet to be implemented
to date.
IX. Recommendation has been Vide Government Order
made for giving one No. 4999-LD(A) of 2017
increment at the initial dated 11.10.2017, one
rate of pay scale to: advance increment to
(1) Section Officers/P.A- these categories of
cum-Senior Scale employees has been
Stenographers, (2) Head allowed, and the order
Assistant (Civil)/Ah1imed/ has been made effective
Record Keeper/ Accountant/ from 01.04.2003. Thus, Nazir/ Junior Scale the recommendation Stenographer, (3) Senior stands implemented.
Assistant/ Civil Ahlimed/
Criminal Ahlimed/ Ahlimed
for MACT/Reader/ Steno
Typist, (4) Junior
Assistant/Civil Clerk/
Criminal Clerk/ Copyist/
Assistant Record Keeper
etc.
14
SLP(C) Nos. 15460-15462/2024 X. Recommendation has been Vide Government Order made for providing special No.4999-LD(A) of 2017 allowance to drivers dated 11.10.2017, a working in the District fixed travelling Courts @Rs.150/ per month: allowance of Rs.150/ per month has been provided to Drivers with effect from 01.04.2003. Thus, the recommendation stands implemented.
Miscellaneous Recommendations That the respondents It is submitted that further not complied with the steps have already the directions with been taken, and further respect implementation necessary steps shall recommendations of the be taken to implement Shetty Commission Report the recommendations of as contained in Chapter the First National Pay XVII pertaining Commission made in miscellaneous Chapter-XVI read with recommendations (Page no. Chapter-XVIII of the
209) wherein it has been report. The recommended that the recommendations are, by employees of the courts and large, in the are entitled to Lok Adalat domain of the financial allowance, allowance, power of the Uniform to cooperated Government.
society Housing facilities, in each Regarding Lok Adalat district, Lunch room in allowance, in terms of every court complexes, a Communication No. LTC/HTC benefits. F.No. L/25/2015 CA/NALSA of NALSA to all SLSAs, there is a provision of paying one day's basic pay to all Presiding Judges, members of Lok Adalat and staff as special duty allowance for each day of Lok Adalat held on a holiday to be paid from the NALSA fund.
With regard to encouraging the court employees to form 15 SLP(C) Nos. 15460-15462/2024 cooperative societies for their welfare, it is submitted that no such request has been received by the High Court from the employees of the District Judiciary.
Regarding housing facilities for court staff in each district, it is submitted that in none of the districts has the Government earmarked residential quarters for court employees of the District Judiciary.
10. Hence, the Comprehensive Report is submitted in compliance of the order dated 21.01.2026 passed by the Hon’ble Supreme Court.
(Mohinder Kumar Sharma) Registrar General Dated: 24.02.2026 Place: Jammu”
2. Thus the plain reading of the report filed by the High Court indicates that considering the recommendations of the Shetty Pay Commission contained in Chapter XII of the Report and also taking into consideration the order passed by the High Court dated 19.07.2023, the High Court on its administrative side forwarded a proposal vide letter dated 13.11.2023 recommending upgradation/creation of posts of CAOs/ Stenographers and Readers, retrospectively with effect from 01.04.2003 and also upgradation of pay scales of 22 Chief 16 SLP(C) Nos. 15460-15462/2024 Administrative Officers posts from level-8 (47600-151100) to level 9 (52700-166700). However, according to the High Court, the proposal which was forwarded way back on 13.11.2023 is still pending for consideration before the Government.
3. As regards the aforesaid, Mr. K.M. Nataraj, the learned ASG appearing for the Union territory of Jammu and Kashmir, brought to our notice the averments made in Para 4 of his report, which reads thus:-
“4. A meeting was convened on 23.02.2026 during which the Ld. Registrar General of the High Court of Jammu & Kashmir and Ladakh was apprised of the legal position and that the recommendations of the Shetty Pay Commission with respect to the grant of allowances from 01.04.2003 have already been complied with by the Government. However, there was no recommendation for creation of posts such as Chief Administrative Officer, etc., with effect from 01.04.2003, nor for grant of monetary benefits from 01.04.2003 pursuant to the creation of such posts. It was also informed that as per the Shetty Pay Commission Recommendations qua the Stenographers there are no recommendations for payment of allowances to Stenographers. However, in terms of Government Order No. 4999-LD (A) of 2017 dated 11.10.2017, the benefit of one Advance increment on existing Pay Scale has been extended to Section Officer, Sr. Scale Stenographers, Head Assistant, Jr. Scale Stenographers, Senior Assistants, Steno Typists and Junior Assistant and the same has been made effective from 01.04.2003. For ready reference, the recommendations of the Shetty Pay Commission qua the Stenographers are reproduced below:17
SLP(C) Nos. 15460-15462/2024 "At present, in Jammu and Kashmir, no Travelling Allowance is paid to Stenographers who attend the Home Office of Presiding Officer.
The High Court and the State Government have stated that there is no practice of calling stenographers to the residence of Presiding Officers. Therefore, the question of payment of TA does not arise. The Staff Association, has suggested to grant one week’s salary as overtime allowance, besides providing exclusive transport facility.
Since the Stenographers are not summoned to the Home Office of the Judicial Officers, we do not wish to extend the benefit of Travelling and Compensatory Allowance to Stenographers. However, we recommend grant of Rs. 200/- p.m. to the Executive Assistants attached to the Principal District Judges.
In case the Stenographers are called to the Home Office of the Judicial Officers, they may be paid the following Travelling/Compensatory/ Stenographers working in Tahsil/ Taluka/District Headquarters: Not less than Rs.100/- Per Month.
Stenographers working in Cities: Not less than Rs. 150/- p.m."
4. According to Mr. Nataraj, the Shetty Pay Commission recommended to suitably restructure the cadre of Process Server establishment into two cadres i.e., Process Servers with the highest pay scales available to group D/Class IV posts and Bailiffs with the pay scale of LDC/LDA.
5. It was also brought to our notice that in pursuance of the 18 SLP(C) Nos. 15460-15462/2024 letter dated 03.10.2017 addressed by the High Court on its administrative side followed by few other communications the proposal for creation of 92 posts of Bailiffs in bailable court(s) (Rs.25,500-81,100) for District Judiciary in the Union Territory of Jammu and Kashmir after the approval of the Minister-in charge has been placed before the competent authority (Council of Ministers) for consideration and approval in pursuance of the recommendations of the Shetty Pay Commission and also the directions issued by the High Court. The learned counsel appearing for the respondents would submit that the status report/affidavit filed by the State fails to take into consideration any of the aspects highlighted by the respondents.
In response to such submission according to Mr. Nataraj insofar as the CAOs are concerned, they would be given notional benefit.
6. It was submitted that the aforesaid does not take care of the issue of promotion over a period of time that they would have earned had the Shetty Pay Commission recommendations been complied with in its letter and spirit.
7. We are of the view that it’s high time that the High Court should make its stance clear, more particularly, how it proposes to take up the issue with the State Government.
8. We implead the High Court as party Respondent No.71. Cause 19 SLP(C) Nos. 15460-15462/2024 title be amended accordingly.
9. Notice be issued to the newly impleaded respondent no.71.
10. Ms. Manisha Ambwani, the learned counsel accepts and waives service of notice for and on behalf of the High Court.
11. We request the learned counsel appearing for the High Court to look into the matter in detail and assist us on the next date of hearing. In the meantime, we want the High Court once again to get in touch with the State Government and see to it that as far as possible all issues raised before us are amicably settled.
12. Here is a litigation wherein the respondents are asking for effective implementation of the Shetty Pay Commission recommendations, relating to the CAOs including the Bailiffs, Process Servers, Stenographers and Readers respectively are concerned.
13. We want to understand from the High Court by way of an affidavit that even if the recommendations are to be implemented or given effect to from 2003 how it proposes to give effect to the same. In other words, we would like to understand the modalities from the High Court, in this regard.
14. Let the detailed affidavit/report in this regard come on 20 SLP(C) Nos. 15460-15462/2024 record from the High Court within a period of four weeks from today.
15. Post this matter for further hearing on 22.04.2026 (CHANDRESH) (POOJA SHARMA) ASTT. REGISTRAR-cum-PS COURT MASTER (NSH) 21