P N CHOPRA Vs. UNION OF INDIA

JUDGEMENT

(1.) Seven years' wait to get justice from DelhiAdministration by the Staff belonging to the court of justice isthe ironic background to the present writ petition.

(2.) This is another round of litigation which has been initiatedby the Private Secretaries and Readers to the Judges of this courtseeking justice from Delhi Administration in the matter of fixation of their pay scales. In spite of the expression to a feelingby this court that there has been improper classification and in-justice done to the Private Secretaries and the Readers and expressing a hope that the administration would consider thematter of classification of the petitioners afresh keeping in view thevarious relevant factors and considerations, the hope has beenbelied. It may be mentioned that why in spite of holding thatthere was improper classification the writ was notgranted wasbecause of the peculiar position of clasuse (b) of Article 226 asit then stood and which gave a limited scope for issuance of thewrit by this court. That difficulty no longer stands in the waybecause of the 44th amendment by which the scope of Article226 now has been brought to a stage where it was before the 42ndamendment of the Constitution. Subsequent to the judgmentgiven in Shashi Bhushan Vohra & others v. Union of Indiaand others, 1978(2) SLR 356 ; the Registrar of this court by hisletter of 24-7-1978 took up the matter requesting again that theequation of the Private Secretaries and Readers in the matter ofpay scales be done at least with the Private Secretary to the ChiefSecretary of Delhi Administration. On 7-8-1979 (almost a fullyear later) the Deputy Secretary, Delhi Administration conve-yed the opinion of the Delhi Administration that the proposaldid not find favour with the Finance Department. However, ahope was held out that the proposal may again be sent with fulljustifications in detail. One can only marvel at the naivete shownby the Delhi Administration in having categorically rejected theproposal and still keeping dangling suggestion of a further reconsideration.

(3.) The petitioners (Petitioner No. 1 being a Private Secretaryand petitioner No. 2 being a Reader) attached to this court apparently were left with no alternative to get justice in the matter offixation of their pay scales but move this court praying for quashing the decision of the Delhi Administration by which their payscales have been fixed in the grade of Rs. 550-900, and seekinga mandamus directing the Delhi Administration to grant themhigher pay scales on the principles as have been adopted andapplied in respect of similarly placed persons in governmentservice. Third Pay Commission was appointed in 1970. The PayCommission fixed the various scales but did not fix any for thestaff of this court because it took the view that under Article229 of the Constitution the staff of this court was outside thescope of recommendations by the Commission.