TMI Blog2006 (2) TMI 725X X X X Extracts X X X X X X X X Extracts X X X X ..... Ms. Srabonee Roy, Adv., M/s. Gagrat Co., Advs., Mr. Pravir Chowdhury, Adv., Ms. Babita Sant, Adv., Mr. K. Sukumaran, Sr.Adv., Mr. N.R. Shonker, Adv., M/s. T.T.K. Deepak Co., Advs., Mr. A.K. Srivastava, Sr.Adv., Mr. A.P. Sahay, Adv., Mr. Rakesh K. Khanna, Adv., Dr. Rashmi Khanna, Adv., Mr. Shashank Shekhar, Adv., Mrs. Shailja Sinha, Adv., Ms. Jahnavi Worah, Adv. For the Respondent : Mr. Vijay Hansaria, Sr.Adv., Mr. P.I. Jose, Adv., Mr. Anupam Mishra, Adv., Mr.Kanishk Gupta, Adv., Ms. Minakshi Sharma, Adv., Mr. Sachidananad Chaudhary, Adv., Mr. S.K. Dholakia, Sr.Adv., Mr. Ashish Dholakia, Adv., Mr. U.A. Rana, Adv., Ms. Srabonee Roy, Adv., Mr. Arvind Kumar, Adv., for M/s. Gagrat Co., Advs., Mr. Ram Jethmalani, Sr.Adv., Mr. Pranay Badheka, Adv., Ms.Kamini Jaiswal, Adv., Mr. Mahesh Jethmalani, Sr.Adv., Mrs.Kamini Jaiswal, Adv., Mrs. Shomila Bakshi, Adv., Ms. Rani, Adv., Ms. Sunita Sharma, Adv., Mr. Ashok Bhan, Adv., Mr. D.S. Mahra, Adv., Mr. T.S. Doabia, Sr.Adv., Mr. S.W.A. Qadri, Adv., Mrs. Sunita Sharma, Adv., Ms. Varuna Bhandari Gugnani, Adv., Mr. P. Parmeswaran, Adv, Mr. Tara Chandra Sharma, Adv., Ms. Neelam Sharma, Adv., Mr. Dushyant Dave, Sr.Adv., Mrs. Hemantika Wahi, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Ashok K. Srivastava, Adv., Mr. Prakash Srivastava, Adv., Mr. J.P.Dhanda, Adv., Mrs. V.D. Khanna, Adv., Mr. Ajay Sharma, Adv., Mr. R.P. Mehrotra, Adv., Mr. Sanjay Jain, Adv., Mr. J.R.Das, Adv., Mr. C.S. Ashri, Adv., Mr. P.V. Yogeswaran, Adv., Mr. Ajit Kr. Sinha, Adv., Ms. Kavita Wadia, Adv., Mr.Kishan Dutta, Adv., Mr. T.N.Bhat-in-person, Ms.Rachna Gupta, Adv., Mr. Anis Suhrawardy, Adv., Ms. Vibha Datta Makhija,Adv., Mr. Parijat Sinha, Adv., Mr. Raj Kumar Mehta, Adv., Mr. Amit Kumar, Adv., Mr. H.A. Raichura, Adv., Mr. Rajesh Srivastava, Adv. ORDER IN ITEM NO.121 - OFFICE REPORT REGARDING COMPLIANCE OF DIRECTIONS in I.A.No.103 and I.A.Nos.117, 128, 130 with 175, 134-138, 141 with I.A.No.172 and 181, 144, 152 with 139 and 157, 167-168, 169 with 161, 177, 178, 179, 180 and I.A.No.2 in I.A.No.152 in Writ Petition (C) No.1022 of 1989: By order dated 6th December, 2005, the Union of India, State Governments and Union Territories were directed to implement the recommendations of the Shetty Commission in respect of the Assured Career Progression (ACP), medical facilities and domestic help allowance and file compliance report in this Court within eight weeks. None has filed the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tioned in Para 4.28 to Para 4.31 of Volume-II of Shetty Commission Reprot and was of the view that some portions of Part-II and Part-III may not be relevant for writing ACRs of the Member of Judiciary and that is the reason for filing the application seeking clarification. The recommendation of the Shetty Commission regarding format for recording ACRs, as contained in Para 4.28 to Para 4.31 of Volume-I has been accepted. Para 4.31 permits minor modifications. What is of importance is that the provision of self-assessment of the officer shall be adopted. Keeping in view the said objective, if any minor modifications are sought to be made by the High Court, there can be no objection thereto. The I.A. is disposed of accordingly. I.A.Nos. 71-A and 142 (Benefits to sub-ordinate/supporting staff): Pursuant to the order of 6th December, 2005, no further affidavit has been filed. The said order refers to number of earlier orders passed. On behalf of some of the State Governments, it is represented that they have already filed affidavits earlier. Be that as it may, we direct the listing of these applications separately for hearing and final disposal on the basis of whatever affidav ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... who have considerable administrative work outside the Court hours) (11) Concurrent Charge Allowance (10% of minimum time scale of the additional post held) (12) Encashment of Leave and Leave Salary (Judicial Officers to be allowed to encash leave not exceeding one month in a block of two years -- and tax free) (13) Transfer Grant/Disturbance Allowance (As per Government of India Rules for payment of Transfer Grant i.e. an amount equal to one month s Basic Pay in case of transfer involving change of stations located at a distance of more than 20 kms. from each other.) (14) House Rent Allowance (Facility of rent-free accommodation ordered by the Hon ble Court in the main judgment (2002 (4) SCC 247) dated 21.3.2002, vide para 35. (15) Telephone facilities Provision of telephone facility at the residence as well as the court of each officer with specific free-calls permissible for different categories of Judges. (16) Advances/Loans for construction/purchase Of house/vehicle/personal computers. The State Governments/Union Territories, which have not complied with the recommendations, shall comply with them forthwith and not later than two months of the receipt of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Government by its letter dated 9th September, 2005, addressed to the Registrar General of the High Court has accepted the suggestion for separation but subject to the modifications incorporated in the letter. We are of the view that it would be appropriate if, in the first instance, the matter is discussed between the State Government and the High Court. We hope that the meeting for the said discussion will take place within four weeks. The State Government and the Registrar General, after the meeting, shall file affidavits. Copy of the order s hall be sent to the Registrar General and the Chief Secretary of the State. From the chart filed by Mr. Vijay Hansaria, learned senior counsel, before us, it seems that no steps have been taken in the State of Arunachal Pradesh for separation of Judiciary from the Executive. The State of Arunachal Pradesh and the High Court should also discuss the matter in relation to this issue. We hope that such a meeting will take place within four weeks. The Chief Secretary of the State of Arunachal Pradesh and the Registrar General of the High Court shall file affidavits within six weeks. Copy of this order shall be sent to the Chief Secretary of ..... 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