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1975 (9) TMI 187 - SC - Indian Laws

Issues involved:
Scope and power of Chief Justice u/s Article 229(2) of the Constitution of India, Equating pay scales of High Court staff with Secretariat staff, Approval of Governor for rules related to salaries, allowances, leave, or pensions.

Summary:
The appeal concerned the Chief Justice's power under Article 229(2) of the Constitution to align High Court staff pay scales with Secretariat staff. The High Court directed the Government to implement the Chief Justice's recommendations for pay scale parity. The dispute arose when the Government refused to approve the proposal, leading to a writ petition by High Court staff members. The High Court justified its decision based on the Chief Justice's authority and Rule 19 of the Andhra Pradesh High Court Service Rules, 1959.

The Court analyzed Article 229 provisions, emphasizing the need for Governor's approval for rules concerning salaries, allowances, leave, or pensions. It highlighted that while Chief Justices have autonomy in staff appointments and service conditions, financial aspects require government approval. The Court referenced past judgments to support the requirement of Governor's approval for financial matters related to High Court staff.

Regarding Rule 19(1) of the 1959 Rules, the Court clarified that the Chief Justice's authority is subject to Governor's approval for financial aspects. Despite acknowledging the sentiment behind the High Court's decision, the Court upheld the necessity of Governor's approval for financial rule changes. The appeal was allowed, with a hope for reconsideration by the Government on pay scale parity between High Court and Secretariat staff in Andhra Pradesh.

In conclusion, the Court emphasized the legal framework governing High Court staff salaries and the importance of Governor's approval for financial rule changes. The decision highlighted the balance between Chief Justice's authority and government oversight in financial matters concerning High Court staff.

 

 

 

 

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