HC voices displeasure over TN govt stand on staff allocation

The Madras High Court today expressed its displeasure over a letter by Tamil Nadu Home Secretary in connection with allocation of funds and judicial staff, saying it appeared the official was sitting in appeal over validity of the Supreme Court orders on implementation of the Justice Shetty Commission's recommendations.

The First Bench comprising Chief Justice S K Kaul and Justice R Mahadevan made the observations during the hearing of a PIL by TN Judicial Ministerial Officers Association praying for a direction to the state government to pay compensatory allowance to the staff attending Lok Adalats on holidays.

"It appears that (Home Secretary) Apurva Varma was sitting in appeal over the validity of the Supreme Court judgements relating to implementation of the recommendations of Justice Shetty Commission," the bench said, referring to the letter.
 

The commission headed by the retired Supreme Court judge Justice K Jagannatha Shetty, had made recommendations on the the service conditions, including the pay structure, of subordinate court employees.

Referring to the proposals that were sent to the government, the Home Secretary in his August 9 last letter addressed to the court Registrar-General, had said these involved an expenditure of Rs 30.18 crore for sanction of 1,344 additional posts and that it was not in line with the recommendations of Justice Shetty Commission in the strict sense.

He had requested judiciary to reconsider the proposals and send revised ones.

The bench found fault with the wording in the letter.

Additional Advocate General Mani Shankar conceded that the letter was not worded properly and necessary affidavit will be filed in this behalf.

The bench said it would have taken a more serious view in the matter. "But the AAG assures us that these matters will be sorted out by the next date," it said, posting the petition to October 21.

When the PIL came up for hearing in January last, the bench had pulled up withthe government on the issue of sanction of the required staff for the judiciary.

It had then noted that even the proposal for increasing the strength of judges in the high court from 48 to 60, submitted in 2007, was sanctioned only in 2015.