S B VOHRA Vs. UNION OF INDIA

JUDGEMENT

(1.) Directions are sought in this petition against the respondents to forthwith revise the existing pay scales for the post of Assistant Registrars and posts higher thereto as per the recommendations made by Chief Justice in his letter dated 15.10.1991 and to pay to them the revised scales of pay w.e.f. 1.1.1986, the date with reference to which scales of pay for the posts of Superintendents, Court Masters and Private Secretaries were revised.

(2.) The petitioners are employees of this Court. It is their case that Fourth Pay Commission was set up through Resolution dated 29.7.1983, which was required to inquire into and make recommendations inter-alia, on the structure of emoluments and conditions of service of different classes of Central Government employees and those of union territories. Employees of Supreme Court and Delhi High Court were outside . the scope of inquiry of commission, in view of provisions of Articles 146 and 229 of the Constitution of India. After Fourth Pay Commission submitted its report, Chief Justice of Delhi High Court made recommendation to Government of India for revision of pay scales of the employees of High Court, as required under clause (2) of Article 229 of the Constitution of India. Government of India approved the following pay scales amongst others for the following categories of the posts on the establishment of High Court w.e.f. 1.1.1986:-

(3.) The petitioners claim that three categories of posts, namely Superintendent, ..Court Master and Private Secretaries are the feeder posts for promotion to the next higher post of Assistant Registrar. Thus the post of Assistant Registrar is a higher post. Delhi High Court was established under Delhi High Court Act, 1966. Ever since its inception and establishment, post of Assistant Registrar as well as Superintendent, Court Master and Private Secretary existed and the post of Assistant Registrar has always been treated as promotional post for Superintendent, Court Master and Private Secretary. The post of Assistant Registrar always carried a higher scale of pay than the pay scale attached to the feeder posts. Assistant Registrar has not only enjoyed higher status than those categories below, namely Superintendent, Court Master and Private Secretary; but enjoyed a higher Scale of pay. There had never been an occasion when pay scales of the feeder category of Superintendent, Court Master and Private Secretary has been same or equivalent to that of the higher post of Assistant Registrar. It is also alleged that Same pattern of hierarchy persisted in Punjab High Court of which a circuit Bench used to be maintained in Delhi. Even prior to partition of the . Country, Punjab High Court at Lahore had maintained the same hierarchy in the establishment of the High Court. . .