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TMI Blog1975 (9) TMI 187X X X X Extracts X X X X X X X X Extracts X X X X ..... ent posts in the Secretariat staff of the Government of Andhra Pradesh. The Government did not agree to do so. The respondents who are members of the High Court service belonging to the categories of Bench Clerks, Lower Division Clerks, Typists and certain other categories filed a writ petition in the High Court for a writ of mandamus against the appellants directing them to implement the recommendations of the Chief Justice of the High Court made to the Government from time to time to fix the pay scales of the various categories to which the respondents belong in accordance with the scales of pay as revised by the State Government in case of corresponding categories detailed in Annexure III of the Andhra Pradesh Secretariat service. The Hi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iat staff and the Government was asked to agree to the proposal of the Chief Justice to bring the pay scales of the High Court staff at par with those of the Secretariat. The matter was pursued by the High Court in the Regisrar's letter dated 1-7-1969 addressed to the Secretary to the Govt. Finance (Pay Commission) Department and in the D.O. letter dated 23-7-1969 written by the Chief Justice to the Chief Minister. The Government did not agree to the equation of the scales of pay of the staff of the High Court to those of the Secretariat's. The High Court was accordingly informed. Thereupon respondents filed the writ petition in January, 1970. In support of the writ petition reliance was placed before the High Court on the power ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Court as he may direct. Under clause (3) the administrative expenses of a High Court including all salaries, allowances and pensions payable to or in respect of the officers and servants of the Court are a charge upon the Consolidated Fund of the State. Any fees or monies taken by the Court formed part of that Fund. There is no separate fund or power to raise it at the disposal of the High Court for the purposes of meeting the salaries etc. of the High Court staff. In this context clause (2) of Article 229 may now be read with the proviso appended thereto. Subject to the provisions of any law made by the Legislature of the State, the conditions of service of officers and servants of a High Court shall be such as may be prescribed by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e equivalent posts in the Secretariat. That merely because the Government is not right in accepting the Chief Justice's view and refusing to accord the approval is no ground for holding that by a writ of mandamus the Government may be directed to accord the approval. The High Court staff has not always been treated at par with the Secretariat staff in the matters of scales of pay. The matter has been taken up in the Chief Justices' Conference and with several State Governments. Most of them have acceded to the request of the High Court to bring its staff at par with the Secretariat staff in the matter of pay etc. It is, however, not possible to take the view that merely because the State Government does not see its way to give the r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... made by the Legislature of the State, the conditions of service of officers and servants of a High Court shall be such as may be prescribed by rules made by the Chief Justice of the Court or by some other Judge or officer of the Court authorised by the Chief Justice to make rules for the purpose. It is also provided that the rules made under Article 229(2) shall, so far as they relate to salaries, allowances, leave or pensions, require the approval of the Governor of the State. It is not disputed that the appoinment of Bhubhan Chandra Dutta by the Chief Justice of the High Court at a salary of ₹ 1,500 per month with special allowance of ₹ 250 per month was made without the approval of the Governor. If the Chief Justice of the H ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ns. Rule 19(1) authorised the Chief Justice to regulate the pay of the High Court staff in the manner he thought it fit and proper to do without any further reference to the Governor. We do not find any such words in Rule 19(1) to lead to the above conclusion. The reference to the Rules regulating the pay of the Services included in the Pay Schedule and other rules for the time being in force applicable to officers under the rule-making control of the Government of Andhra Pradesh was merely a reference to the rules and not to the pay schedules. This was further made clear by the first proviso of Rule 19(1) which reads as follows: Provided that except with regard to salaries, allowances, leave and pensions, the Chief Justice shall exe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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