High court set aside HP act

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Himachal Pradesh high court today quashed HP Subordinate Court employees (pay, allowances & other conditions of service) Act, 2005 after finding it contra-violation or overrule the apex court directions.

The judgment delivered today by Division Bench of high court comprising Mr. Justice D.D. Sud and Mr. Justice D.C. Chaudhary on a petition filed by the H.P. non-gazetted judicial employees welfare association challenging the validity of 2005 Act.

The court directed the state to implement the recommendations of 1st National Judicial Pay Commission (Justice Shetty Commission) w.e.f. 1st April, 2003.

The Bench said that the Act was a colourable exercise of legislation as it overrules the directions of the Supreme Court of India to implement the Shetty Commission recommendations uniformly throughout the country.

“All the states except H.P. had implemented the recommendations citing the reasons of financial stringency and treating judicial officers or employees as different class, which had already been rejected by the Supreme Court,” the verdict said.

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