S S MURTY Vs. STATE OF GUJARAT

JUDGEMENT

(1.) These two Special Civil Application are based on identical facts, giving rise to common grievance involving identical questions and, therefore, both these petitions are decided by this common judgment and order.

(2.) The petitioners in both these Special Civil Application are working as Private Secretaries to the Judges of High Court in the High Court of Judicature for the State of Gujarat. They seek to claim parity with the Private Secretaries working with the Secretaries to the Government and equivalent posts in the Government Secretariat, in the matter of pay scales and claim that they should also be paid the pay scale of Rs. 3000-100-3500-125-4500. It is stated that, they are English Stenographers, Grade-I (Class-II) and except petitioner No. 3 in Special Civil Application No. 12921 of 1994, all the petitioners in both the Special Civil Applications are working as such, from different dates, from 16th October 1982. The dates of joining the service of High Court by the petitioner Nos. 1 and 2 in Special Civil Application No. 12921 of 1994 have been given out as 14th October 1986 and 31st December 1986 in paragraph 3 of the said Special Civil Application No. 3601 of 1994, the dates have been given in Annexure-A annexed with the said Special Civil Application at page 18 and the newly added petitioner No. 3, in Special Civil Application No. 12921 of 1994, who was earlier working in the City Civil Court, Ahmedabad, has been working as Private Secretary (Stenographer Grade- I) in the Gujarat High Court since the year 1990 and he also claims the pay scale of Rs. 3000-4500 with effect from 1st January 1986.

(3.) The case of the petitioners is that, the Fourth Central Pay Commission was constituted on 1st September 1983 to examine the then existing structure of emoluments and conditions of service, taking into account the total packet of benefits etc., available to the Central Government employees, industrial and nonindustrial, personnel belonging to the All-India Services, the Armed Forces personnel and employees of the Union Territories and to suggest desirable and feasible changes. The posts of Secretaries in the Central Secretariat are manned by the officers of All-India Services, Group A Central Services on deputation and by members of Central Secretariat Service (CSS). There are three Central Secretariat Services : (i) Central Secretariat Service (CSS); (ii) Central Secretariat Stenographers Service (CSSS); and (iii) Central Secretariat Clerical Service (CSCS). The Fourth Central Pay Commission recommended merger of both Grades A and B, the pay scales of Rs. 650-1040 and Rs. 650-1200 and recommended a pay scales of Rs. 2000-3500. The Fourth Central Pay Commission, therefore, equated the post of Stenographers Grade-I with that of the Central Government and granted the same pay scale to the Stenographers Grade-I, working in the Secretariat as Private Secretaries to Secretaries and equivalent officers. In Gujarat High Court, they were working as Private Secretaries to Chief Justice and other puisne Judges. They were granted the Gazetted status and their pay scale of Rs. 650-1200 was changed to Rs. 2000-3500. It is, therefore, claimed that the Private Secretaries working in the Secretariat as also in the High Court were at par. According to the recommendation of the Fourth Central Pay Commission, after merger of Grades A and B of CSSS to bring in parity with CSS, the pay scale of Rs. 2000-3500 was recommended for the posts of Grade A and B. To provide for further satisfactory promotional avenues for the members of CSSS, the Fourth Central Pay Commission recommended that posts of Private Secretaries to the Secretaries to Government of India and equivalent officers may be upgraded and given the pay scale of Rs. 3000-4500. Paragraphs 9.39 and 9.42 (page Nos. 117 and 118) of the Fourth Central Pay Commission Report are reproduced as under :