STATE OF GUJARAT Vs. K S PRASAD

JUDGEMENT

(1.) In this Intra Court Appeals, we are concerned with the decision rendered by the Learned Single Judge (Our Esteemed Brother M.R. Calla, J) in Special Civil Application No. 3601 of 1994 with Special Civil Application 12921 of 1994, decided on 9th./10th. March 1995.

(2.) The said Special Civil Applications came to be allowed with the directions as under:

(3.) In our opinion, the fate of the present proceedings before us, hinges on the answer which can legally be provided to the question which may be formulated thus : Whether all the Private Secretaries attached to the Hon'ble Judges of this Court (who undisputedly draw the basic salary of Rs. 8000/-) for the purpose of emoluments, can be or should be equated with those Private Secretaries attached to the Secretaries of the State Secretariat, drawing the basic salary of Rs. 8000/- per month (or less than that in some of the cases), though said to be falling within 10 % limit of the cadre strength and said to be promoted after a service span of 15 years, as the Anti Stagnation Measure ? In Other Words Can the Private Secretaries, attached to the Hon'ble Judges of this Court, be precluded from claiming and receiving the benefits of the accepted principle of-Equal Pay for Equal Work-on the basis of De Jure inequality arising out of 10 % and 15 years criteria, ignoring the principle of De Facto Equality ?