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2004 (1) TMI 681 - SC - Indian LawsHow far and to what extent a writ of or in the nature of mandamus should issue directing the Union of India to pay salary to the Officers of the High Court in a particular scale of pay? Whether this Court, would permit judicial review and, if any, to what extent will vary from case to case and no broad principles can be laid down therefor?
Issues Involved:
1. Issuance of a writ of mandamus directing the Union of India to pay salary to the Officers of the High Court in a particular scale of pay. 2. Jurisdiction and authority of the Chief Justice of the High Court under Article 229 of the Constitution of India. 3. The role and limitations of judicial review in administrative decisions regarding pay scales. 4. The duty of the Union of India and the State in responding to the recommendations of the Chief Justice. 5. The appropriateness of the High Court issuing a writ of mandamus in such cases. Issue-wise Detailed Analysis: 1. Issuance of a writ of mandamus directing the Union of India to pay salary to the Officers of the High Court in a particular scale of pay: The primary question in this appeal was whether a writ of mandamus should be issued directing the Union of India to pay the Assistant Registrars of the Delhi High Court a revised pay scale of Rs. 3000-4500 from 1.1.1986, as recommended by the Chief Justice of the High Court of Delhi. The High Court had previously rejected the contention that the posts of Private Secretary, Court Master, and Superintendent had merged with the post of Assistant Registrar, maintaining that the latter is a promotional post. 2. Jurisdiction and authority of the Chief Justice of the High Court under Article 229 of the Constitution of India: Article 229(2) of the Constitution empowers the Chief Justice of the High Court to prescribe the conditions of service for Officers and servants of the High Court, subject to the approval of the President/Governor regarding salary, allowances, leave, or pensions. The Chief Justice had recommended a higher pay scale for the Assistant Registrars, which was not acted upon by the Union of India. The Supreme Court emphasized that the Chief Justice's recommendations should ordinarily be approved by the State unless there are strong and adequate reasons for refusal. 3. The role and limitations of judicial review in administrative decisions regarding pay scales: The Supreme Court discussed the scope of judicial review, stating that it is primarily concerned with the decision-making process rather than the merits of the decision itself. Judicial review ensures that public authorities act reasonably, in good faith, and on lawful grounds. The Court noted that while it can issue a writ of mandamus to compel the performance of a public duty, it should not usurp the discretion of the public authority. 4. The duty of the Union of India and the State in responding to the recommendations of the Chief Justice: The Supreme Court highlighted that it is the duty of the Union of India and the State to address the recommendations made by the Chief Justice promptly and reasonably. The refusal to approve the Chief Justice's recommendations should be based on cogent and sufficient reasons. In this case, the Union of India failed to perform its constitutional duty by not addressing the recommendations in a timely manner, leading to frustration and inefficiency in the functioning of the High Court's Registry. 5. The appropriateness of the High Court issuing a writ of mandamus in such cases: The Supreme Court opined that while the High Court should not ordinarily issue a writ of mandamus, it can do so in exceptional cases. The Court emphasized that the statutory duties should be performed by the statutory authorities first. If the Chief Justice and the State are not in agreement, efforts should be made to reach a consensus. The Court concluded that in this particular case, given the prolonged delay and the specific circumstances, it was not appropriate to exercise its discretionary jurisdiction to issue a writ of mandamus. Conclusion: The Supreme Court dismissed the appeal, reaffirming the authority of the Chief Justice under Article 229 of the Constitution and emphasizing the duty of the Union of India and the State to reasonably address the recommendations made by the Chief Justice. The Court also highlighted the limitations of judicial review in administrative decisions and the appropriateness of issuing a writ of mandamus only in exceptional cases. The appeal was dismissed with no order as to costs.
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