C R SESHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioners are Personal Assistants in the High Court of Bombay. In these petitions under Art. 32 of the Constitution, they seek a writ or order directing the High Court to treat them on par with Private Secretaries and place them in the pay scale of Rs. 1000-50-1500/- with effect from Oct. 25, 1982.

(2.) The matter arises in this way:Prior to April 1, 1966, only shorthand writers were attached to the Chief Justice and Judges of the High Court. On April 1, 1966, the shorthand writers were designated as selection grade shorthand writers due to revision of pay. In 1970, they were redesigned as Personal Assistants to the Judges. The pay scale of the Personal Assistants as well as Court's Stenographers was the same. The petitioners belong to the category of the Personal Assistants, although they were initially appointed as Court Stenographers. On Feb. 8, 1980, the Association of Personal Assistants made a representation to the State Government complaining that for want of promotional outlets, they were frustrated by stagnation. They, therefore, requested to convert one-fifth of the post of Personal Assistants into those of Private Secretaries to the Judges in the pay scale of Rs. 1000-50-1500/- and the remaining in the pay scale of Rs. 680-1250/-. The High Court also recommended to the Government that the request of the Personal Assistants could be accepted. The Government by order dated Oct. 25, 1982 directed that eight out of thirty seven posts of Personal Assistants should be converted into those of the Private Secretaries it to the Judges in the pay scale of Rs. 1000-50-1500/- and the remaining twenty nine posts should be converted into those of the Personal Secretaries to Judges in the pay scale of Rs. 680-1250/-.

(3.) Pursuant to the conversion of eight posts of Personal Assistants into that of Private Secretaries, the Chief Justice made consequential orders converting eights posts and promoting eight Personal Assistants as Private Secretaries on the basis of seniority-cum-merit. The Chief Justice ordered that the promoted eight Private Secretaries should be posted with the Chief Justice and other Administrative Judges.