J N MISRA Vs. STATE OF U P

JUDGEMENT

(1.) Fifty-one Private Secretaries to the Judges of the High Court of Judicature at Allahabad have approached this Court for issue of a writ of mandamus against the State of U.P., Chief Justice and the High Court directing them to grant all the petitioners the pay-scale of Rs. 1540-60-1900-EB-75-2200 by the State Government for one post of Private Secretary to the Hon'ble Judges of the High Court with effect from 1st March 1982, and to grant petitioners pay scale of Rs. 1250-50-1300-60-EB-60-1900-75-2050 which has been sanctioned by the State Government for seven up-graded posts of Private Secretaries to the Hon'ble Judges of the High Court with effect from 1st June 1979 and amend the G.O dated 16th April 1982 and G.O dated 18th February 1983. The contention of the petitioners is that even though all the Private Secretaries were historically treated to be single group, cadre, category or class from the point of view of work and pay-scale ever since 1931 and they perform the same duties and functions and their recruitment and promotional avenues are identical but the opposite parties refused to grant them same pay-scale and creation of artificial classification for the purpose is patently arbitrary, unjust and unreasonable and therefore violative of Articles 14 and 16 of the Constitution of India. It has been stated that the word "Judgment Writer" (now designated as Private Secretary) has been defined to mean in Rules of Court, 1952, which definition still stood as it was from the beginning, an officer of the Court appointed to take down notes of judgment and orders pronounced by Court, and includes any person who may for the time being be authorised by the Court to take down a judgment or order pronounced by it, The said rule which still exists unamended does not bifurcate the Cadre of Private Secretaries in four categories and entrust different duties, responsibility, quality and quantity of work. Similarly there is no such decision or categorisation in the said cadre in the Allahabad High Court (Conditions of Service of Staff) Rules, 1946 and 1976, yet in the pay-scale four categories have been created by the U.P. Government with reference to Second Pay Commissioner's recommendation given in 1980.

(2.) The petitioners tracing the history have pointed out that even prior to 1947 upto 1954 the Judgment Writer attached to the Chief Judge unrelated to seniority was known as Private Secretary and the only additional benefit was a special monthly pay. After the report of Pay Rationalisation Committee of 1947 the pay-scale of Personal Assistant (earlier known as Judgment Writers) was enhanced to Rs. 200-10-260-EB -14-400 and with effect from 1st April 1963 it was raised to Rs. 290-15-350-EB-15-425-EB-15-500 and with effect from 1st April 1965 it was made, 400-25-550 in view of the recommendation made by Pay Rationalisation Committee which considered the recommendations made by the High Court which treated all Personal Assistants as members of one class and deserving higher pay-scale. The Pay Rationalisation Committee opined that ail Personal Assistants formed a single group and class and they were performing the same and equal work as Personal Assistants to the Hon'ble Judges. With effect from 1st August 1967 the pay-scale of Personal Assistants was revised to Rs. 515-40-715 by the State Government keeping it at par with the pay-scale of Personal Assistants working in the Civil Secretariat. After this parity the nomenclature of Personal Assistants attached to Hon'ble Judges was changed to Private Secretaries.

(3.) In the year 1971-72 the State Government appointed a New Pay Commission for revising the pay-scale of the employees of the State Government including that of High Court. The Pay Commission (I Pay Commission) recommended for Personal Assistants and Private Secretaries of the High Court as follows: