ORDER :

K.G. Balakrishnan, C.J.I.

Assam

Pursuant to the directions of this Court, the High Court of Assam and the State Government of Assam have filed a statement wherein we find that some of the Shetty Commission recommendations, which had been approved by this Court, are not fully implemented by the State of Assam. It is submitted that the orders have already been passed in respect of pool car facilities to Tehsil/Sub-Divisional Officers. But in cases where there are less than four officers at Tehsil/Sub-Division level, they may be provided with reasonable conveyance allowance.

2. We also notice, besides the above, some other facilities are also not extended to the officers like medical facilities on the ground that no medical facilities are extended to the Members of the Legislature. Even if the Members of the Legislature are not extended with the medical facilities, the judicial officers should be given medical facilities. Further status report be filed within eight weeks extending other facilities such as rent-free housing, transfer of grant, home library and furnishing of drawing rooms, revised pension and LTC/HTC complying with the directions of this Court.

3. In the States of Arunachal Pradesh, Nagaland, Meghalaya, Manipur, Tripura the recommendations of the Shetty Commission are not being fully complied with.

4. The States of Arunachal Pradesh and Nagaland have not complied with the recommendations of the Shetty Commission regarding bifurcation between the Executive and the Judiciary, though this bifurcation had already taken place fully in the States of Meghalaya, Tripura and Manipur. We have already passed orders for the bifurcation of the Executive from the Judiciary and also to recruit the judicial officers. We are told that necessary orders have already been passed by the appropriate rule-making authority. It is stated that no further steps have been taken. It is for the High Court to pursue the matter and give an appropriate direction to the authorities within a reasonable time and to see that the bifurcation is granted and also to inform that the recommendations of the Shetty Commission are fully complied with. If any recommendations of the Shetty Commission are not complied with fully, such matters shall be reported by the High Court within eight weeks. Thereafter the respective State may consider the same and submit its compliance within eight weeks.

5. In respect of the State of Mizoram, the State has filed its compliance report but from the compliance report, we see that the revision of pay scales and the Assured Career Progression had been given effect to not from the date recommended by the Shetty Commission but from different dates. We issue the following directions:

Mizoram

1. Pay scales, DA and ACP (Assured Career Progression) scales be released w.e.f. 1-7-1996. Arrears be paid between 1-7-1996 to 2006.

2. Allowances/perks be released from 1-11-1999.

3. Medical facilities be notified as per Shetty Commission recommendations.

4. Telephone facilities be provided, as per Shetty Commission recommendations.

5. Newspaper be given as per Shetty Commission recommendations.

6. Independent vehiclefull compliance be done.

7. Pool car be provided.

8. Tax free leave encashment, etc. be given as per Shetty Commission recommendations.

9. Order regarding pensioners and past pensioners be passed.

6. These matters are to be pursued by the High Court and see that the State shall implement these recommendations. The State of Mizoram to file a fresh affidavit within a period of eight weeks.

7. In respect of Meghalaya, the following directions are issued:

Meghalaya

1. DA be notified at Central rates.

2. Compulsory insurance scheme be given.

3. Home library be provided.

4. Courtrooms should be furnished and books be provided in court and residence.

5. Pool car be extended up to Tehsil level.

6. Telephone facility be provided as per Shetty Commission recommendations.

7. Special pay be granted.

8. ACP be granted as per Shetty Commission recommendations.