The court established that the recommendations of the Justice Shetty Commission are advisory and not binding, allowing states autonomy in implementing changes to service rules while respecting constitutional rights.

Order :

Ramesh Sinha, C.J.

1. Heard Mr. Samrath Singh Marhas, learned counsel for the petitioners as well as Mr.Praveen Das, learned Deputy Advocate General appearing for respondents No.1 and 2/State and Mr.Anurag Dayal Shrivastava, learned counsel appearing for respondents No.3 and 4.

2. The present petition has been filed by the petitioners with the following prayers :

“10.1.Call for the entire records of the relevant Commission constituted in compliance of Justice Shetty Commission Recommendations particularly with regard to services of Stenographers and Subordinate Court Staff and their progress made so far,

10/2. Declare the entry at Serial No. 1 Column No. 3 in Schedule II of Chhattisgarh District Judiciary Establishment (Recruitment and Conditions of Service) Employees Rules, 2023 as ultra vires to the Constitution of India;

10.3 Direct the Respondent Authorities to include the Senior Personal Assistants (Stenographer Grade _ I) along with the Deputy Clerk of Court proportionately in Serial No. 1 Column No. 3 in Schedule II of Chhattisgarh District Judiciary Establishment (Recruitment and Conditions of Service) Employees Rules, 2023;

10.4. Direct the Respondent Authorities to implement recommendations as contained under Chapter XA and XVIII of Justice Shetty Commission Report in its letter and spirit by granting option of switch over to Ministerial/Supervisory Cadre to Stenographers after completion of a minimum period of service in Chhattisgarh District Judiciary Establishment (Recruitment and Conditions of Service) Employees Rules, 2023 or, in alternative;

10.5. Direct the Respondent Authorities to create new promotional post for promotion of Senior Personal Assistant (Stenographer Grade - I) to a higher post after completion of minimum period of service with consequential pecuniary benefits;

10.6. Direct the Respondent Authorities to grant equivalent pay scale to the Senior Personal Assistant (Stenographer Grade - I) as is being granted to the Administrative Officers.”

3. Brief facts of the case are that all the petitioners (except petitioner No. 27 & 28) are Senior Personal Assistant (Stenographer Grade 1) in the District Judiciary in the State of Chhattisgarh. Prior to the Justice Shetty Commission's report, the pay scale of Administrative Officer (Court Superintendent) was one scale below the pay scale of Stenographer Grade - I. The pay scale of Administrative Officer (Court Superintendent) was Rs. 5500 - Rs. 9000 whereas the pay scale of Stenographer Grade - I was Rs. 6500 - Rs. 10500. The Hon'ble Supreme Court in W.P.(C) No. 1022 of 1989 in matter of All India Judges' Association Vs. Union of India & Ors. vide order dated 07.01.1998 requested the Justice Shetty Commission to examine the matter and to make a report before the Supreme Court about the steps, if any, required to be taken in each States/Union Territory for the improvement of conditions of staff of Subordinate Courts and also to suggest interim measures of relief in respect of such staff, in order to avoid escalation of existing discontent amongst the staff of the Subordinate Courts, to examine the facts and circumstances peculiar to any State/Union Territory placed before it by the concerned State/Union Territory and also to take note of the points of distinction, if any, between the States/Union Territories which may be relevant for the purpose of making the report. Further, it was also requested by the Hon'ble Supreme Court to the Shetty Commission to give its report as early as possible.

4. The Justice Shetty Commission, based on the material collected, submitted its report and paraphrased the service c