ORDER

1. Vide para 18.14, the Shetty Commission has recommended-

Same DA formula as is being implemented at present to the Central Government employees be followed in the case of judicial officers in every State/UT." 2. The States of Tripura and Goa have complied with the recommendation, though belatedly.

3. The State of Tamil Nadu has filed an affidavit on 14-10-2004 stating that the instalments for the years 2002 and 2003 are still in arrears and could not be paid because of the financial crunch in the State. After hearing the learned counsel for the State of Tamil Nadu, we allow time till 30-6-2005 and hope that the compliance shall be reported within this much time.

4. The State of Kerala has filed an affidavit dated 11-1-2005 stating that because of financial stringency in the State it has not been able to comply with the recommendation. Inasmuch as all other States/UTs have implemented the recommendation, we expect the State of Kerala also to adopt a positive approach, accept the recommendation and report compliance within a reasonable time, latest by 30-6-2005.

5. Pursuant to the order dated 20-9-2004, on behalf of the State of Gujarat, an affidavit dated 1-12-2004 has been filed in which the State has reiterated its stand taken by it earlier also. The learned amicus curiae submits that the stand taken in the affidavit in regard to the District Judges is not in accordance with the recommendation made by the Shetty Commission. The learned counsel for the State of Gujarat seeks time for having instructions and re-examining the stand taken by the State of Gujarat in the light of Article 236(a) of the Constitution and the recommendation made in para 15.38. Let it be done in eight weeks.

Release of pension/past pension, recommendation contained in Chapters 22 and 23 of the Shetty Commission Report 6. The learned counsel for the State of Goa states that decision has c already been taken to release benefits in accordance with the recommendation made by Shetty Commission in regard to pension/past pension. The affidavit to that effect, for being filed in the Court, is in the course of transmission and will be shortly filed. She also states that the necessary orders are also in the process of being issued. Let the compliance affidavit be filed within four weeks.

7. On behalf of the States of Kerala and Gujarat compliance affidavits are yet to be filed. We make it clear that the recommendation has to be complied with and the learned counsel for the two States pray for a reasonable time being allowed for compliance and reporting the same. Let it be done within eight weeks.

8. Learned counsel for the State of Arunachal Pradesh states that a ( high-power committee was appointed by the State which has taken a decision that at present it is considered not advisable to separate the judiciary from the executive and that decision needs to be placed on record. Let it be done within eight weeks under copy to the learned amicus curiae whereafter we would like to hear the learned amicus and the learned counsel for the State of Arunachal Pradesh and then pass appropriate orders.

9. On behalf of the State of Nagaland it is stated that a high-power committee is examining the question of separation of judiciary from the executive but a final decision has not been taken as yet. Let the decision be awaited and be brought on record as soon as taken but not later than in eight weeks.

IA No. 128 of 2003 (on behalf of the State of Mizoram)

10. The learned amicus curiae points out that at one point of time notifications were issued by the State Government for the purpose of separating the judiciary from the executive but those notifications were later withdrawn vide notification dated 1-4-2004. The learned counsel for the State.

of Mizoram points out that the Chief Justice of Gauhati High Court has vide notification dated 23-1-2003 appointed a committee to study the subject' "Separation of Judiciary from the Executive" in the State of Mizoram and that committee