1993 (3) TMI 382 - SC - Indian Laws

Summary

Issues Involved:
1. Pay scale parity between Supreme Court staff and Delhi High Court staff.
2. Interim orders and their impact on pay scales.
3. Recommendations of the Fourth Central Pay Commission.
4. Revision of pay scales based on interim orders and judicial directions.
5. Anomalies in pay scales and their rectification.
6. Recommendations of the Committee of Judges and their implementation.
7. Special Leave Petitions and their impact on pay scales.

Issue-wise Detailed Analysis:

1. Pay Scale Parity Between Supreme Court Staff and Delhi High Court Staff:
The Supreme Court Employees Welfare Association and Supreme Court Class IV Employees Welfare Association filed writ petitions seeking higher pay scales for Supreme Court staff, equivalent to those of the Delhi High Court staff. The Court initially passed an interim order on 25.7.1986, directing that Supreme Court staff be paid the same scales and allowances as their Delhi High Court counterparts.

2. Interim Orders and Their Impact on Pay Scales:
The interim orders dated 25.7.1986 and 15.1.1987 led to Supreme Court Registry employees receiving the same pay scales as their counterparts in the Delhi High Court. These orders were implemented, and the staff began receiving the revised pay scales accordingly.

3. Recommendations of the Fourth Central Pay Commission:
The Fourth Central Pay Commission recommended revised pay scales effective from 1.1.1986 for different categories of posts in the Supreme Court Registry. However, the Supreme Court's interim orders ensured that the pay scales were aligned with those of the Delhi High Court, leading to a potential conflict with the Pay Commission's recommendations.

4. Revision of Pay Scales Based on Interim Orders and Judicial Directions:
The Supreme Court directed that the interim orders continue, maintaining the status quo regarding pay scales and allowances. The Delhi High Court's order on 14.11.1991, which was affirmed by the Supreme Court, directed the Union of India to fix the salary of certain categories of Delhi High Court staff in the pay scale of Rs. 3000-4500/- w.e.f. 1.1.1986. This led to applications from Supreme Court staff for similar revisions.

5. Anomalies in Pay Scales and Their Rectification:
The Committee of Judges noted that fixing pay scales based on the Fourth Pay Commission's recommendations, which were lower than those of the Delhi High Court, would lead to discrimination and further litigation. They recommended that the arrears of salary paid pursuant to interim orders should not be recovered, and the present pay should not be reduced. Any difference should be treated as personal pay until the revised pay scale is reached.

6. Recommendations of the Committee of Judges and Their Implementation:
The Committee recommended specific pay scales for various posts to bring them at par with the Delhi High Court, effective from 1.1.1986. For example, they recommended a pay scale of Rs. 3000-4500/- for Section Officers, Librarians, Court Masters, and Senior Assistant Librarians, and a new pay scale of Rs. 3300-4800/- for higher posts like Assistant Registrar and Principal Private Secretary to the Chief Justice of India. The recommendations were accepted by the Chief Justice of India and were to be forwarded to the President for approval.

7. Special Leave Petitions and Their Impact on Pay Scales:
The Union of India filed an application to recall or modify the interim order dated 25.7.1986, which was denied. The Committee of Judges had considered the anomaly pointed out by the Ministry of Finance regarding the pay scales of Delhi High Court and Supreme Court employees, which were higher than those of corresponding Central Government employees. The Court directed that the pay scales recommended by the Committee be given from March 1993 as an interim measure, subject to the decision of the pending Special Leave Petition.

Conclusion:
The Supreme Court upheld the interim orders ensuring pay parity between Supreme Court and Delhi High Court staff. The recommendations of the Committee of Judges were accepted for interim implementation, with the final rules to be framed under Article 146 of the Constitution. The Chief Justice of India was empowered to make rules without constraints from interim orders, ensuring fair and equitable pay scales for Supreme Court employees.