STATE OF HARYANA Vs. B L GULATI

JUDGEMENT

(1.) Respondent, who was at the relevant time, a member of the haryana Superior Judicial Service, holding the post of District and Sessions Judge (Vigilance) finding himself aggrieved of an amendment made to the Punjab Superior judicial Service (Haryana Second amendment) Rules, 1988 vide notification dated 2/12/1988, whereby sub-rule (1) of Rule 14 of the punjab Superior Judicial Service Rules, 1963 was amended, filed a writ petition in the High Court, The precise grievance projected by the respondent in the writ petition was that by virtue of the said amendment members of the Haryana judicial Service placed in the selection grade, were held no longer entitled to draw any special pay and that the amendment was both irrational and arbitrary.

(2.) The writ petition was contested in the high Court by the State. In view of the limited nature of challenge, we are relieved of the necessity to recapitulate factual averments. Suffice, it to notice that, the respondent was denied the benefit of special pay on account of the impugned amendment. The Division Bench, while considering the merits of the case, opined :

(3.) The High Court further noticed that members of the Indian Administrative service, who are placed in the selection grade, were in receipt of special pay and it was only members of the Indian administrative Service enjoying super time scale of service, who were not getting any special pay. The attention of the High Court was also drawn to the position, as existing in the State of Punjab, where also members belonging to the Punjab Superior Judicial service were receiving special pay, irrespective of the fact whether the judicial officers were in the selection grade or not. Taking note of all these factors, the High court struck down the amendment which introduced second proviso to Rule 14 (1) of Punjab Superior Judicial Service Rules, 1963, denying benefit of special pay to judicial officers on being granted selection grade as arbitrary, discriminatory and violative of Articles 14 and 16 of the constitution of India. The orders issued in various cases as a consequence of the amendment were also struck down.