STATE OF UTTAR PRADESH Vs. SECTION OFFICER BROTHERHOOD

JUDGEMENT

(1.) - These appeals arising out of the judgments and orders dated 22-11-1999, 16-11-2000 (as corrected on 11-12-2000), 20-5-2003 and 29-7-1998 passed by the Allahabad High Court in Civil Misc. Writ Petition Nos. 18979 of 1998, 970 of 2000, 30234 of 2001 and 17885 of 1996 respectively involving similar questions of law and fact were taken up for hearing together and are being disposed of by this common judgment.

(2.) The Respondents herein are Section Officers, Private Secretaries, Bench Secretaries and Assistant Registrars working in the High Court of Judicature at Allahabad. They filed several writ petitions praying inter alia for issuance of a writ of or in the nature of mandamus inter alia directing the State of Uttar Pradesh to fix higher scale of pay. Such scales of pay were claimed purported to be on the basis of scales of pay paid to their counterparts i.e. Section Officers, Private Secretaries, Bench Secretaries or Assistant Registrars of Delhi High Court. The Private Secretaries/PAs, Bench Secretaries filed writ petitions bearing No. WP No. 1408/93 and WP No. 26550/95 respectively before the Allahabad High Court which were allowed by judgments and orders dated 21-12-1993 and 1-11-1996. The Special Leave Petitions filed against the said judgments and orders were said to have been dismissed by orders dated 26-3-1996 and 7-7-1997. Both the aforemention-ed categories of employees thereafter had been getting the pay-scale of Rs. 3000-4500 with effect from 1-1-1986.

(3.) It is not in dispute that the Chief Justice of the High Court of Allahabad in exercise of his power conferred upon him by Article 229 of the Constitution of India made rules known as Allahabad High Court Officers and Staff (Conditions of Service and Conduct) Rules, 1976. The Section Officers, Bench Secretaries Grade I and Private Secretaries are holders of Class II posts referable to Rule 16 of the said Rules. The posts of Deputy Registrar is a Class I post and allegedly Class II officers are entitled to be considered for promotion to Class I post.