The main legal point established in the judgment is that employees of the subordinate judiciary should receive no less pay than recommended by the Shetty Commission and the apex court. The 'other benefits' mentioned in the judgment refer to allowances extended to Central Government employees under the 6th Central Pay Commission recommendations.

The respondents of the writ petition being W.P.(C) No. 617 of 2015 which was disposed of by the judgment and order dated 31.08.2016, has filed this petition seeking clarification of the said judgment and order as, according to those respondents, they find difficulty in understanding and implementing the said judgment and order. For purpose of dispelling quality or for having determinative purport, they have approached this Court. According to those respondents, on analysis of the Tripura State Civil Services (Revised Pay) (12th Amendment) Rules, 2015 and 6th Central Pay Commission, it would transpire that the scale of pay for some posts viz. Personal Assistant (P.A.)-II, Accounts Officer, Bench Clerk (UDC Grade), Bench Clerk (LDC Grade), Driver, Bailiff, Process Servers, Duftry etc. are non-existent in the Central Government. As such, 6th Central Pay Commission had no occasion to spell out the scale for those posts, but the respondents, the petitioners herein, have provided the equivalent, if not higher benefits of pay by the ROP (12th Amendment) Rules, 2015. The respondents in the writ petition, the petitioners herein, have thus averred in their petition as under:

“In respect of the post of Junior Sheristadar it is stated that the existing scale as on 31.03.2003 at the entry level was Rs.5,000-10,300/- in the State of Tripura, the recommendation of the Shetty Commission is same; after the ROP (12th Amendment) Rules, 2015 pay in pay band was allowed Rs.5,700-24,000/- and grade pay was provided Rs.4,200/-; whereas the 6th Central Pay Commission recommended pay in pay band of Rs.9,300-34,800/- and grade pay was recommended Rs.4,200/-. For instance, if a person is having basic pay of Rs.5,000/- in the post of Junior Sheristadar w.e.f. 01.04.2003, his basic pay would be hiked to Rs.5,130/- w.e.f. 01.04.2003 as per the recommendation of the Shetty Commission and in next two years his basic pay would further be hiked to Rs.5,390/- due to two yearly increments. After applying Multiplying Factor of 1.86 w.e.f. 01.01.2006, the employees basic hikes to Rs.10,030/- with grade pay of Rs.4,200/-; thus, the basic pay of the employee hikes to Rs.14,230/- which is much more than the Recommendations of the 6th Central Pay Commission. Further, if a person enters in the existing post of Junior Sheristadar after 01.01.2006, his entry pay without adding Grade Pay of Rs.4,200/- would not be less than Rs.9,300/- (Rs.5000 x 1.86), which same as the Recommendations of the 6th Central Pay Commission.”

2. According to the respondents in the writ petition, there remained nothing to be implemented in terms of the judgment of the apex court as well of this court. It is to be noted that in the said judgment, it has been observed, if read with he correction made by the order dated 02.09.2016, as under :

“The arrears by way of difference till 31.03.2016 shall be paid by the respondents in a lump sum or in 4(four) equal installments and such payment shall be made within 31.03.2017. The other benefits shall also be released in terms of the 6th Central Pay Commission recommendations.” [Emphasis added]

3. The respondents in the said writ petition being W.P.(C) No. 617 of 2015 have averred to illustrate that what they have provided by way of ROP (12th Amendment) Rules, 2015 that is higher than what the employees of the subordinate judiciary would receive, if the pay scales are revised or upgraded in terms of 6th CPC recommendation. In this regard, what has been observed in the judgment dated 31.08.2016 is deemed apposite to be referred:

“......it is to be noted that the apex court has clearly spelt out that no less pay can be given to the employees of the subordinate judiciary beyond what has been recommended by the Shetty Commission and what has been ordered by the apex court.”

4. The restriction that is framed and laid down in the order of the apex court dated 16.03.2015 is unequivocal as it stipulates that the employees of the subordinate judiciary