H L VIJH Vs. UNION OF INDIA

JUDGEMENT

(1.) The staff working in Courts including that in High Court is normally a proverbial poor relation in comparison to the Secretariat staff. That possibly may be the reason why inspite of years spent in praying to get justice, nothing has been done necessitating the staff to resort, however, reluctantly to move this Court to get their legitimate dues which should have been given long back.

(2.) . The petitioners before us are the Deputy Registrars of this Court. Their claim in the petition is for payment of special pay. The posts of the Deputy Registrars are filled up either from amongst the members of Delhi Judicial Service or from amongst the Assistant Registrars of this Court by promotion. It is common case that a Deputy Registrar if he is a member of Delhi Judicial Service now gets Rs. 150.00 per mensern as special pay (it was Rs. 100.00 per mensem prior to 1-1-1978). However, no special pay is paid to a Deputy Registrar who is not a member of Delhi Judicial Service. At present the petitioners are working as Deputy Registrars. They are not members of Delhi Judicial Service. They are, therefore, not being paid any special pay. This is the grievance that has brought them to this Court.

(3.) . Prior to 31-10-1966 the High Court of Punjab which comprised the area of present Punjab, Haryana and some part of Himachal Pradeshhad jurisdiction over Delhi. In the High Court of Punjab Deputy Registrars were then paid a special pay of Rs. 100.00 in addition to their pay. Special pay was however paid only if the Deputy Registrar was a member of the Judicial Service and not otherwise. On 31-10-1966 when the Delhi High Court was constituted under the Delhi High Court Act evidently for some time the same pay scale and same procedure and practices as in earstwhile Punjab High Court continued. The result was that the Deputy Registrar of this court if he happened to be a person other than a member of the judicial service was not paid any special pay. As new pay scales had to be fixed for staff of Delhi High Court, in exercise of powers under Article 229 of the Constitution, Cheif Justice of Delhi High Court took up the matter for fixation of pay scales of various officers and servants of the High Court. The Chief Justice of Delhi High Court sent a letter on 4-5-1974 to the Ministry of Law Justice and Company Affairs recommending various pay scales for the officers and Servants of the High Court. For the concerned office of Deputy Registrar the recommendation was in the following manner :- <FRM>JUDGEMENT_108_DRJ5_1983Html1.htm</FRM>