Bombay High Court orders implementation of Shetty Commission pay scales for stenographers from 2003

The Bombay High Court on Friday directed Maharashtra government to implement Justice Shetty Commission recommendations in relation to the pay scale of stenographers in district courts [Rajendra Ramaji Dhawale & Ors v. State of Maharashtra & Ors]

Shetty Commission, the first National Judicial Pay Commission, headed by Justice K Jagannatha Shetty, was set up to review and improve the pay scales and service conditions of judicial officers and court staff across India

A Division Bench of Justices Kishore C Sant and Sushil M Ghodeswar said that the State time and again made attempts to delay the adjudication of the plea filed by 37 stenographers posted in district and sessions courts across Maharashtra. 

"This Court has recorded the conduct of the Government in making attempts to get the petition adjourned from time to time," the Bench said.

Considering government's own resolutions to accept Shetty Commission recommendations, the Court directed the State to implement them with retrospective effect from April 1, 2003.

“The State is directed to implement the recommendations of the Shetty Commission from April 1, 2003 and the difference of salaries be paid within six months from today,” the Court ordered.

The Court further directed that the arrears be paid with annual interest of six percent from October 07, 2009.

“For the conduct recorded above, the arrears be paid along with interest at the rate of 6% per annum from the date of the order passed by the Apex Court dated October 7, 2009,” the operative part states.

The stenographers serving in various district and sessions courts including Chandrapur, Nagpur, Jalna, Pune, Nashik, Aurangabad, Beed, Solapur, Satara, Yavatmal, Sangli and others had moved the Court in 2015 with a petition seeking implementation of Shetty Commission recommendations from April 1, 2003, in line with directions issued by the Supreme Court. 

The Supreme Court on October 7, 2009, directed the States to implement the recommendations of the Shetty Commission.

Maharashtra government by way of a Government Resolution (GR) dated October 20, 2011 accepted that Shetty Commission recommendations would apply from April 1, 2003.

However, a subsequent GR dated September 15, 2018, issued to correct discrepancies in the 2011 GR, was silent on the date of implementation. The State subsequently argued that the benefits would apply only from September 15, 2018.

The petition filed in this regard was adjourned on various occasions, with the Court noting on February 29, 2024, that the State was "killing time" by seeking adjournments time and again. 

In the verdict passed on June 12, the Court expressed strong disapproval of State's conduct.

“It is only when some benefits are to be given to the employees or when salaries are to be paid to the employees, time is taken and adjournments are sought for and the matters are delayed,” it said. 

The State had even argued that the employees were unnecessarily insisting for the implementation of recommendations of Shetty Commission when the pay scale under the 5th pay commission was more beneficial to them.

It also submitted that the 2018 GR would operate only prospectively. However, the Court rejected the arguments and ruled that the 2018 GR was only meant to rectify discrepancies in the 2011 GR and not change the date from which benefits were due. 

Advocates Pradnya S Talekar and SB Talekar appeared for the petitioners.

Government pleader AB Girase appeared for State.

Advocate Mukul Kulkarni appeared for the High Court administration.

[Read Judgment]