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TMI Blog1998 (8) TMI 644X X X X Extracts X X X X X X X X Extracts X X X X ..... pay-scale of Rs. 650-1040. The 4th Pay Commission recommended (paragraphs 9.39 and 9.42 of the 4th Pay Commission Report) that Grades A and B should be merged and a uniform scale of Rs. 2000-3500 should be provided for all posts in Grades A and B combined. 3. It further recommended, To provide further satisfactory promotional avenues for the members of the CSSS (Central Secretariat Stenographers Service), we recommend that posts of Private Secretaries to Secretaries to Government of India and equivalent officers may be upgraded and given the scale of Rs. 3000-4500 ...... . Pursuant to this recommendation, the Government of India, Ministry of Personnel, Public Grievances and Pensions, by its Office Memorandum dated 7.10.1987 accepted the recommendation of the 4th Central Pay Commission in this regard and upgraded the existing posts of Private Secretaries to Secretaries to Government of India and equivalent officers to the scale of Rs. 3000-4500 with immediate effect. In the State of Gujarat: 4. In the Secretariat of the Government of Gujarat, prior to 1.1.1986. Stenographers Grade I carried the pay-scale of Rs. 650-1040. Stenographers Grade I-cum-Private Secretaries to th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , directed amendment of certain entries in the Schedule to the High Court Notification dated July 3, 1987 thereby revising the existing pay-scales of various officers Gazetted and Non-gazetted. Under the Corrigendum of 27.11.1991 at Item No. 4, Private Secretaries to the Hon'ble Judges and Stenographers Grade I had their pay-scales revised in the following manner: Sr. No. Sr. No. in the High Court Notification No. A-1308/87 dt. July 3, 1987 Designation Present pay-scale shown in the High Court Notification No. A-1308/87, dt. July 3, 1987 Revised Pay-scale Remarks GAZETTED C LASS-II OFFIC ERS 4. 13 Private Secretaries to the Hon'ble Judges Stenographer Gd. I 2000-60-2300- KB-75-3200- 100-3500 2000- 60- 2300- KB-75- 3200- 100- 3500 10% of the existing posts of stenographers Grade I (Gujarati, English), on the establishment of the High Court, be upgraded as private Secretaries in the pay-scale of Rs. 3000-100-3500-125-4500. 8. On the date of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f Justice and the Governor/State on the question of salaries, allowances or pension of the High Court staff. It is desirable that such issues are resolved administratively in a reasonable manner by both sides and the provisions of the Constitution in Article 229 are honoured. 12. The circumstances set out above in the present case do not show any reason for resorting to a mandamus to circumvent Article 229. When the writ petition was filed, the Chief Justice's recommendation to upgrade 10% of the posts had been accepted. And the Chief Justice had not made any recommendation for granting the upgraded pay-scale to all judges' secretaries. 13. The principle of equal pay for equal work was also invoked in this connection, presumably as between Private Secretaries of the High Court Judges and Private Secretaries to the Secretaries in the State Secretariat. However, as the original petitioners have themselves pointed out, the work done by the Private Secretaries to the High Court Judges is very different in nature from the work done by the Private Secretaries to the Secretaries of the Gujarat Government. There is, therefore, no question of equal work. However, since over th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d judgment. But the pay-scale which, on the basis of recommendation of the Fourth Pay Commission, has been granted by the Gujarat State Government, as well as by the High Court of Gujarat to the Stenographers/Private Secretaries, is not correlated with the pay-scale of the officer whose Private Secretaries these persons are. It is a promotional pay-scale given to 10% of those Stenographers Grade I-cum-Private Secretaries who are otherwise in the pay-scale of Rs. 2000-3500, to prevent stagnation at the senior level. It may be, that in the Secretariat, by reason of their seniority, those who have completed 15 years of service and are selected on the basis of seniority-cum-merit, may be allotted to senior officers such as the Secretaries to the Government. The same may happen in the High Court. But this does not mean that the higher pay-scale is linked (except in the case of the Chief Justice possibly) to the officers whose Private Secretaries they are. The pay-scale is given to them in their own right, if they are selected for promotion to that pay-scale. 17. The respondents i.e. the original petitioners placed reliance upon a decision of the Delhi High Court in the case of A.K. G ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a uniform higher pay-scale of Rs. 3000-4500 to all Private Secretaries of the Secretaries. It has a cadre of Private Secretaries-cum-Stenographers Grade I in the pay-scale of Rs. 2000-3500. It has upgraded 10% of these posts in the higher pay-scale of Rs. 3000-4500 which are promotional posts. The same has been done in the High Court where also all Private Secretaries to the High Court Judges-cum-Stenographers Grade I are in the pay-scale of Rs. 2000-3500. 10% of these posts have been upgraded as promotional posts for Private Secretaries to the High Court Judges-cum-Stenographers Grade I. Therefore, the parity has been maintained. The financial position of a State Government also would be very different from the financial position of the Government of India or of the Delhi Administration. Therefore, when one is considering the pay-scales of Private Secretaries to the Judges of the State High Court, one must look for parity with the pay-scales in the Secretariat of that State rather than at the pay-scales granted by the Government of India in the Central Secretariat. 20. It is pointed out by the original petitioners who are respondents before us, that a special leave petition fr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ter, it can not be said that there has been a declaration of law by this Court under Article 141 of the Constitution. Referring to this very judgment of the Delhi High Court and dismissal of the special leave petition, it was held that the judgment of the Delhi High Court would not govern the case of the employees of the Supreme Court which was before it. Dealing with the pay-scales demanded by the employees of the Supreme Court, this Court has further observed, (at page 212 paragraph 36) It is not the business of this Court to fix the pay-scales of the employees of any institution in exercise of its jurisdiction under Article 32 of the Constitution. If there be violation of any fundamental right by virtue of any order or judgment, this Court can strike down the same but, surely, it is not within the province of this Court to fix the scale of pay of any employee in exercise of its jurisdiction under Article 32 of the Constitution . In the above judgment this Court gave certain directions as agreed to by the Chief Justice of India, to the effect that the Chief Justice of India would consider the recommendations of the Fourth Pay Commission and frame suitable Rules by making necessa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that subsequent to the directions given by the learned Single Judge in the present proceedings, the Chief Justice of the High Court made a recommendation to the Governor for granting the higher pay-scale of Rs. 3000-4500 to all the Private Secretaries-cum-Stenographers Grade I of the High Court Judges. He further stated that this recommendation has been rejected. Since the recommendation appears to be based on the directions given in the judgment of the learned Single Judge, nothing further is required to be done in that connection in view of this judgment. Needless to add, the Chief Justice of a High Court can always exercise his powers under Article 229 in consonance with the terms thereof. 27. Civil appeal Nos. 401-402 of 1997 are, therefore allowed. The impugned judgment in these appeals is set aside, and the corrigendum dated 27.11.1991 issued under Article 229(2) of the Constitution is upheld. Civil Appeal No. 400/1997: 28. Civil Appeal No. 400 of 1997 is by one C.G. Govindan from the same judgment and order of the Division Bench of the Gujarat High Court dismissing his Letters Patent Appeal No. 441 of 1995 before it. The appellant Govindan is also a Private Secre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d appeal is by one of the Private Secretaries who was earlier working in the City Civil Courts at Ahmedabad and came to be appointed as a Private Secretary in the High Court after 1990 and who had sought his placement in the pay scale of Rs. 3000-4500 from January 1, 1986. His writ petition was dismissed by the learned single Judge and Letters Patent Appeal was also dismissed by the very impugned judgment dated October 10, 1996. 33. Appellant has submitted that the High Court wrongly proceeded on the footing that the Fourth Central Pay Commission had recommended the pay scale of Rs. 3000-4500 to Private Secretaries working with the officers drawing pay of Rs. 8000/- and that the pay scale of a post could not be dependent upon the pay of the officers with whom the incumbent was attached/working. It was, thus, contended that under no circumstance the pay scale of the Private Secretary could be dependent upon the pay of the Hon'ble Judge with whom the Private Secretary was attached. It was then submitted that the pay scale of Rs. 3000-4500 was by way of providing promotional avenues by upgrading the post and that the grant of pay scale of Rs. 3000-4500 to all the Private Secret ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d amendment of relevant entry in the Schedule to the rules relating to the Private Secretaries to the Judges thereby revising their existing pay scale as under: Sr. No. Sr. No. in the High Court Notification No. A- 1308/87 dt. July 3, 1987 Designation Present pay-scale shown in the High Court Notification No. A- 1308/87, dt. July 3, 1987 Revised pay-scale Remarks GAZETTED C LASS-II OFFIC ERS 4. 13 Private Secretaries to the Hon'ble Judges Stenographer Gd. I 2000-60- 2300-KB- 75- 200-100- 3500 2000-60- 2300- KB-75- 3200-100- 33500 10% of the existing posts of stenographers Grade I (Gujarati, English), on the establishment of the High Court, be upgraded as private Secretaries in the pay-scale of Rs . 3000-100- 3500-125-4500. 36. Reference may be made at this stage to two decisions of this Court in Supreme Court Employees Welfare Association's case. The decision in Supreme Court Employees Welfare Association vs. Union of India Anr. (1993) ILLJ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ecting the Union of India to fix the salary of Court Masters, Superintendents and other category of petitioners of that writ application in the pay scale of Rs. 3000-4500, w.e.f. January 1, 1986. This Court noticed that a petition for special leave to appeal (C) No. 2594/92 was filed by the Union of India before this Court and that it was dismissed after hearing the parties concerned on March 25, 1992 saying that no ground for interference was made out. On the basis of this decision, various interlocutory applications were filed in Writ Petition (c) No. 801/86 seeking a direction that in view of the order passed by the High Court of Delhi directing payment w.e.f. January 1, 1986 to various categories of employees of the said Court which order has been affirmed by this Court by dismissal of the special leave petition on March 25, 1992, earlier interim orders directing payment of pay scales of staff holding corresponding posts should also be revised till the Rules are framed under Article 146 of the Constitution. This Court allowed such a plea holding that the recommendations of the Committee of Judges which had been accepted by the Chief Justice of India can certainly form basis for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ly 19, 1979 issued by the President of India, a High Court Judge ranks higher than the Chief Secretary to the State Government. There is a controversy if the Warrant of Precedence is constitutionally valid inasmuch as in some instances persons holding constitutional posts are shown lower in rank than those appointed under law passed by the Parliament. That, however, is not relevant in the present case as the Warrant of Precedence as it stands today, a High Court Judge finds his place at serial no. 17 and a Chief Secretary at serial no. 23. It is not, therefore, paradoxical in such a circumstances, that a Private Secretary to the High Court Judge should be in a lower pay scale than the Private Secretary to an officer even lower in rank than the Chief Secretary? The argument of the State Government that a junior most stenographer when attached to a High Court Judge as a Private Secretary may draw a higher salary in the pay scale of Rs. 3000-4500 than the stenographer who might be senior and yet not attached to a High Court Judge is again without any basis. Rules can certainly be framed to overcome such a situation if at all it existed. A Private Secretary, who is joining the service ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... grounds to interfere. The Special Leave Petition is dismissed. 40. Against the order of the Allahabad High Court granting pay scale of Rs. 3000-4500 to the Private Secretaries to the Hon'ble Judges, the High Court of Allahabad also filed a special leave petition in which this court granted leave (Civil Appeal No. 840/95). Special leave petition was also filed by the State of Uttar Pradesh [SLP No.--/95 (CC-294)]. The appeal filed by the Allahabad High Court was dismissed as withdrawn on March 26, 1996 with the following order : I.A. No. is allowed. Learned counsel for the appellant High Court of Allahabad States on instructions that this appeal is not pressed by the appellant. The appeal is dismissed as withdrawn. The SLP filed by the State of Uttar Pradesh was dismissed on the same day by the following order: Delay condoned. The High Court of Allahabad has not pressed its appeal, i.e.. Civil Appeal No. 840/95 against the same judgment. Moreover, in view of the dismissal of the SLP (C) No. 13229/1991 decided on 26.8.91 (Union of India and Anr. Vs. Shri A.K. Gulati Ors.) learned counsel for the petitioner-State of Uttar Pradesh is unable to support this ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... her Judge or officer of the Court authorised by the Chief Justice is empowered to make rules laying down the conditions of service of the High Court staff. But if the Rules made under clause (2) relate to salaries, allowances, or pension then since in them is involved the question of finance the framing of the rules under clause (2) requires the approval of the Governor - that means the State Government. One should expect in the fitness of things and in view of the spirit of Article 229 that ordinarily and generally the approval should be accorded. But surely it is wrong to say that the approval is a mere formality and in no case it is open to the Government to refuse to accord their approval. On the facts and in the circumstances of this case and in the background of the conditions which are prevalent in other States Government could have been well-advised to accord approval to the suggestion of the Chief Justice, as the suggestion was nothing more than to equate the pay scales of the High Court staff with those of the 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 i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s are also similar. 44. It is, therefore, apparent that the decision of the Kerala High Court proceeds entirely on different lines. It failed to take notice of the decisions of the Allahabad High Court and the Delhi High Court which had attained finality as special leave petitions against those judgments were dismissed by this Court on merit. High Court also did not examine the question of arbitrariness, unreasonableness and unfairness in the approach of the State Government. It cannot be said that Private Secretaries of the Judges of the Kerala High Court or those of High Court of Gujarat perform work which is different than that performed by the Private Secretary to the Judges of Delhi High Court. Judges of the High Courts in all High Courts perform same duties of their office and Private Secretaries attached to them per force perform the same work in every High Court. The contentions that financial position of a State does not warrant payment of higher scale of pay to the Private Secretaries of the Judges of the High Court cannot be given any credence without more. A Court is to guard itself against such a submission when advanced without any particulars though in first inst ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... i.e. the same pay as that of the Secretaries to the Govt, of India. The pay of the Private Secretaries who are attached to the Secretaries to the Govt. of India has been fixed in the scale of Rs. 3000-4500 and there is no reason why in the case of the Gujarat High Court only 10% of the posts of the Private Secretaries have been to the pay scale of Rs. 3000-4500. The aforesaid recommendation of the Fourth Central Pay Commission fixing the pay scale of Rs. 3000-4500 for the Private Secretaries to the Hon'ble Judges has become applicable to the Delhi High Court in view of the decision given in the case of A.K. Gulati. Therefore, in upheld by the Supreme Court of India, and also in view of the directions given by Mr. Justice Calla vide his judgment dated 9th/10th March 1995 in Special Civil Application Nos. 12921 of 1995 and 3601 of 1994 and keeping in view the recommendations contained in paragraph 9.39 of Chapter IX of the Report of the Fourth Central Pay Commission read with the Resolution dated 24.10.1986 of the Govt. of Gujarat, I decide, as directed in the aforesaid judgment, that the pay-scale of all the Private Secretaries to the Hon'ble Judges of the Gujarat High C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that when the rules are framed by the Chief Justice of India or by the Chief Justice of the High Court relating to salaries, allowances, leave or pensions, the approval of the President of India or the Governor, as the case may be, is required. It is apparent that the Chief Justice of India and the Chief Justice of the High Court have been placed at a higher level in regard to the framing of rules containing the conditions of service. It is true that the President of India cannot be compelled to grant approval to the rules framed by the Chief Justice of India relating to salaries, allowances, leave or pensions, but it is equally true that when such rules have been framed by a very high dignitary of the State, it should be looked upon with respect and unless there is very good reason not to grant approval, the approval should always be granted. If the President of India is of the view that the approval cannot be granted, he cannot straightway refuse to grant such approval, but before doing so, there must be exchange of thoughts between the President of India and the Chief Justice of India. 51. It has been said that grant of higher pay sale of Rs. 3000-4500 was to provide promoti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ional avenues to the stenographers there was no need to say that posts of Private Secretary to the Secretaries to Government of India and equivalent officers may be upgraded and given the scale of Rs. 3000-4500. Modality adopted by the State Government is to achieve the same purpose and now Private Secretaries to the Chief Secretary, Additional Chief Secretary and officers of equal rank are in the pay scale of Rs. 3000-4500. This, in fact, would rather appear to be the motivation behind the script. 52. The State Government decided to scrap the report of the Gujarat State Third Pay Commission and to accept, in principle, the recommendations of the Fourth Central Pay Commission. The Committee, which the State Government appointed to examine the representations of the Gujarat Sachivalaya and the Allied Officers Stenographers Association, had found justification to upgrade certain posts of senior most Private Secretaries to the scale of Rs. 3000-4500 equivalent to the number of officers of the rank of Additional Chief Secretary and above in the Secretariat. Thereafter, the State Government decided that 10% of the existing posts of Private Secretaries cadre may be upgraded in the pay ..... X X X X Extracts X X X X X X X X Extracts X X X X
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