D B KATYAL Vs. HIGH COURT OF DELHI

JUDGEMENT

(1.) (ORAL).-The petitioner, Shri D. B. Katyal, is a former Assistant Registrar- of the High Court and has filed this Civil Writ Petition under Article 226 of the Constitution of India for "issuance of a writ of mandamus and/ or any other appropriate writ, order or directions directing the respondent to fix 'afresh the pay of the petitioner and other similarly situated officers after giving the benefit of two increments in the grade of Rs. 350-575/775-1200 as has been done by the Delhi Administration in the case of persons holding comparable posts".

(2.) The petitioner was formerly working as an Assistant in Punjab High Court and had opted for a service with this High Court w.e.f. 31-10-1966, when this High Court was constituted, and was posted accordingly. He came to be promoted as Court Master w.e.f. 21-9-1967. The post of Court Master in the High Court is the same as that of Reader in Sanction No. 42/1/ 66-Delhi dated 29th October, 1966 of the Government of India, Ministry of Home Affairs and it was in scale of 350-20-450-25- 475. At the time of petitioner joining the service of this High Court, there were no Service Rules and Service rules were hanicd thereafter which came to be known as Delhi High Court Officers & Service (Salaries, Leave Allowance and Pension) Rules, 1970 (hereinafter referred to as The Rules 1970'). Rule 3 of the Rules 1970 provides as under ;

(3.) Perusal of Column 1 of the Schedule II of the Rules. 1970 shows that the posts of Superintendents/Court M'aster/ Private Secretary in the High Court were considered as equivalent to corresponding posts of Superintendent in Delhi Administration. Such provision implies that for all intents and purposes rules regarding fixation of pay provided for Superintendent in Delhi Administration would be applicable to the Superintendents/Court Masters/private Secretaries of this court. The relief claimed in this writ petition by the petitioner is that on his promotion as Court Master his pay in the grade of Rs. 350-575 should have been fixed at Rs. 400 in accordance with Delhi Admn. Notification No. F-3(16)il6 Service (8) dated 10th February, 1967 known as "The Delhi Administration Subordinate Ministerial/Executive Service Rules, 1967" and it is claimed that he was entitled to Rs. 400 from the date of his promotion and hence this writ petition.