A K GULATI Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners before us are Private Secretaries who are attached to the Judges of this Court. The claim in this writ petition is that they should be placed in the pay-scale of Rs. 3000-4500 instead of the pay-scale of Rs. 2000-3500, which they are getting at present.

(2.) Briefly stated, the facts are that prior to the 4th Pay Commission report, the petitioners were in the pay-scale of Rs. 775-1200. According to the provisions of the Delhi High Court (Staff Seniority) Rules, 1971, the posts of Private Secretary are being regarded as equal status posts with those of Superintendent and Court Master. There is a joint seniority list of all the three categories which is maintained. The next higher post to which all of them are eligible for being considered for selection is that of Assistant Registrar.

(3.) In June, 1986, the 4th Pay Commission gave its recommendations. Two of the recommendation which are material are that Secretaries to the Government of India who were drawing a basic salary of Rs. 3500.00 , were entitled to receive a basic salary of Rs. 8000.00 . Clause 9.39 of the said Report further provided that in order to provide satisfactory promotional avenues for members of the C.S.S.S. (Central Secretariat Stenographers Service), the posts of Private Secretary to the Secretaries to the Government of India were to be upgraded and be given the scale of pay of Rs. 3000-4500.00 .