High court ultimatum to Haryana chief secretary: Allot 58 houses for judicial staff or face appeal dismissal

The Punjab and Haryana High Court has directed Haryana Chief Secretary to remove the admitted shortfall of 58 government quarters reserved for district judiciary staff under the Shetty Pay Commission recommendations.

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The direction came as the Bench observed that contempt, prima facie, appeared to be made out to the extent of the admitted deficiency.

“To the extent of the Chief Secretary admitting that 58 houses are deficient in the 15 per cent pool reserved for judiciary, contempt appears to be, prima-facie, made out,” the Bench observed.

Granting a week for removing the deficiency, the court warned that failure to do so in the timeframe could lead to dismissal of the appeal challenging contempt proceedings against the top bureaucrat.

The appeal has its genesis in a contempt petition filed by Rajesh Chawla through counsel SPS Bhullar and Arshdeep Bhullar. The Single Judge hearing the matter was told that the Shetty Commission had more than two decades back mandated earmarking of 15 per cent government quarters in the general pool for subordinate court staff.

Referring to the persistent non-compliance, the Single Judge had noted that the Commission’s recommendations came into force on April 1, 2003. But even after 22 years it was yet to be done.

Taking up the appeal, the Division Bench of Chief Justice Sheel Nagu and Justice Sanjiv Berry asserted: “The Chief Secretary, Haryana, is directed to ensure that the deficiency of 58 houses is at least removed by passing appropriate orders of allotting the houses – which may be occupied by the employees/officers of other departments of state of Haryana currently – in favour of the employees and officers of the district judiciary. If the same is not done within the next one week, this court may proceed to dismiss the present appeal.”

The court issued the ultimatum after recording that the Chief Secretary had conceded the deficit of 58 houses in the 15 per cent quota mandated to be kept aside for judicial officers and staff.

“The latest affidavit dated May 25 filed by the Chief Secretary admits that 58 houses are deficient in the pool comprising 15 per cent houses recommended by the Shetty Pay Commission to be kept reserved for employees and officers of the district judiciary,” the Bench observed.

Before parting with the order, the Bench ordered that coercive steps would not be taken against the Chief Secretary pursuant to the earlier order dated May 16 passed by the contempt Bench. The next hearing has been fixed for July 24.