Shimla: The Himachal Pradesh High Court today quashed the H.P. Subordinate Courts Employees (Pay, Allowances & other conditions of service) Act, 2005 and directed the State Government to implement the recommendations of 1st National Judicial Pay Commission (Justice Shetty Commission) with effect from 1st April, 2003.
The judgement was passed by a Division Bench comprising Justice DD Sud and Justice DC Chaudhary on a petition filed by the H.P. Non-gazetted Judicial Employees Welfare Association challenging the validity of 2005 Act.
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 states except Himachal Pradesh had implemented the recommendations citing the reasons of financial stringency and treating Judicial Officers and employees as different class, which had already been rejected by the Supreme Court, the judges observed while quashing the legislation.