UNION OF INDIA Vs. KISHAN K SHARMA

JUDGEMENT

(1.) How far and to what extent a writ of or in the nature of mandamus should be issued directing the Union of India to pay salary to the officers of the High Court in a particular scale of pay is the question involved in this appeal which arises out of a judgment and order dated 8th August, 1996 passed by the High Court of Delhi in C.W.P. No. 1174/94.

(2.) The respondents herein are Personal Assistants to the Deputy Registrar of the High Court or Junior Stenographers. It is not in dispute that the scales of pay of the officers and employees of the High Court did not fall for consideration by the Pay Commission appointed by the Central Government. The Delhi High Court, however, in the light of the recommendations made by the 4th Pay Commission fixed the scales of pay of the respondents Nos. 1 to 6 herein at Rs.1400/- to Rs. 2300/- which was similar to those payable to the Personal Assistants of the Joint Secretaries.

(3.) The President of India, however, on representations made by the concerned employees of the Central Government revised the scales of pay of the P.A. to the Deputy Secretaries at Rs. 1540/- to Rs. 2900/- w.e.f. 1-1-1986 by reason of Office Memorandum dated 31st July, 1990. The respondents herein thereafter filed a representation before the Chief Justice of the High Court who made his recommendations therefor to the Government of India clearly stating that keeping in view the fact that the posts of Joint Registrar and Deputy Registrar in Delhi High Court carry the same scales of pay as prescribed for the posts of Director and Deputy Secretary of the Government of India respectively, the proposed upgraded pay scales to the posts of Personal Assistant to the Deputy Registrar and Junior Stenographers should be sanctioned. No action was, however, taken thereupon.