PITAMBER DATT PANDEY Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The brief facts of the present case are that the Petitioners are regular employees of Uttarakhand High Court (hereinafter referred to as this Court) working on various posts such as Daftari, Jamadar, Peon, Mali, Farrash Electrician, Sweeper, Carpenter, Chowkidar, Plumber etc. The State of Uttarakhand vide Government Order dated 2nd May 2001 (Annexure-1) created the posts for the High Court of Uttarakhand, in view of U.P. Reorganization Act, 2000 vide which a separate High Court for the State of Uttarakhand was established. As per Annexure-1 posts mentioned as serial No. 22 to 33 were created having pay scale of 3200-4900 and no condition was mentioned, if the pay scale granted to the said employees was provisional or likely to be amended in future. The creation of the posts and granting of pay scales to the employees of the High Court was the conscious and independent decision of the State Government. It is worthwhile to mention here that Hon'ble the Chief Justice of the Uttarakhand High Court had constituted a committee under the Chairmanship of Hon'ble Mr. Justice M.C. Jain for the creation of the posts in the establishment of High Court of Uttarakhand. Hon'ble Mr. Justice M.C. Jain submitted his report on 19th March 2001, which was duly accepted by Hon'ble the Chief Justice for creation of 451 posts in different categories. The Registrar General of this Court referred the matter to the State Government vide letter dated 21st March 2001 for appropriate action. The State Government, after due consideration of the report, issued Government order dated 2nd May 2001.

(2.) The Petitioners were asked to give their option if they are willing to serve in this Court in the pay scale of 3200-4900. In view of the pay scale of 3200-4900 granted to Class IV employees of this Court, Petitioners No. 1 to 6 expressed their willingness for their absorption in the establishment of this Court. The Petitioners No. 7 to 70 were directly appointed in the establishment of this Court against the posts sanctioned by the State Government. Appointment letters of the some of the Petitioners are annexed as Annexures No. 3 to 9 to the writ petition. The Petitioners were appointed in the establishment of this Court with the express condition that the pay scale of 3200-4900 would be admissible to them. It is however, pleaded that the State Government vide Government Order dated 29th July 2005 unilaterally reduced the pay scale of the Petitioners (Annexure-10) to 3200-4900 on the ground that the pay scales are being reduced in view of the judgment of Hon'ble Apex Court in Civil Appeal No. 6878 of 2004 arising out of SLP (C) No. 887 of 2004. It is pleaded that reliance placed by the State Government in the above referred judgment of Hon'ble Apex Court is totally misconceived as the said appeal has been disposed of by the Hon'ble Apex Court in the light of the judgment rendered in the case of State of U.P. v. Section Officer, brotherhood and Ors., 2004 8 SCC 286 wherein the Hon'ble Apex Court had left it open to Hon'ble the Chief Justice to frame appropriate rules or constitute a committee for making recommendation about the pay scales and that the same would be considered by the State Government in its proper perspective. The Petitioners being aggrieved submitted representation to the Registrar General of this Court (Respondent No. 3), which was referred to Respondent No. 1. According to the Petitioners, Hon'ble the Chief Justice of this Court was pleased to constitute a committee in the month of October 2005 under the Chairmanship of Hon'ble the Senior Judge of this Court. The committee framed the draft rules, which were considered and approved by the Full Court in the month of December 2005. The committee recommended for the grant of pay scale of 3200-4900 for the posts held by the Petitioners, which find mentioned in the draft rules. The report of the committee along with the draft rules were sent by the Registrar General of this Court to the State Government for approval in the month of December 2005.

(3.) It is further pleaded by the Petitioners that their case is placed on different footing than the employees serving in the Allahabad High Court. The Class IV employees of the Allahabad High Court were granted the pay scale of 3200-4900 in pursuance of the judgment passed by the Allahabad High Court in writ petition No. 15211 of 1998 wherein in the present case the State Government of Uttarakhand had taken a conscious and independent decision after due consideration of the report submitted by Hon'ble Judge of this Court and approved by Hon'ble the Chief Justice to grant pay scale of 3200-4900 by creating the posts in the establishment of this Court. Now the State Government cannot unilaterally withdraw the pay scale granted to the Petitioners and to reduce the pay scale relying on the judgment in the case of the employees of the Allahabad High Court. The expert committee had considered all aspects while preparing the report and State Government concurred with the recommendation made by the Hon'ble committee. It is further submitted that Hon'ble the Chief Justice is empowered by Clause 2 of Article 229 of the Constitution of India to prescribe by rules the service condition of the officers and servants of the High Court. It is incumbent upon the State Government to consult the High Court before withdrawing the pay scale already granted to the Petitioners. It is further pleaded that besides the financial loss the impugned decision taken by the State Government has resulted in the loss of status of the Petitioners.