REGISTRAR SPECIAL COURT A P LAND GRABBING PROHIBITION ACT Vs. CHIEF SECRETARY GOVERNMENT OF ANDHRA PRADESH HYDERABAD

JUDGEMENT

(1.) Perused the representation of the Registrar, Special Court under the A.P. Land Grabbing (Prohibition) Act, 1982 (hereinafter referred to as 'the Special Court'), dated 13-2-2002. The said representation was made (i) to call for the records from the Government in the Finance Department pertaining to the pay scales of the Chairman and Members of the Special Court; (ii) to direct the Government to sanction scale of pay of Rs.22,400-600-26,000/- per mensem to the post of the Member of the Special Court by amending Rule 3 of the Andhra Pradesh Land Grabbing (Prohibition) Special Court Chairman and Members (Conditions of Services) Rules, 1996 (hereinafter referred to as 'the Special Court Rules'); and (iii) to quash the notification issued by the Government of Andhra Pradesh in G.O.Ms. No.629 Revenue (A & R) Department, dated 12-8-1999 by which Rule 3 of the Special Court Rules has been amended. For appreciation of the case the relevant facts can be noticed as under: In exercise of the powers conferred by sub-section (1) of Section 16 of the Andhra Pradesh Land Grabbing (Prohibition) Act, 1982 (hereinafter referred to as 'the Act') the Special Court Rules were issued in G.O.Ms. No.176 Revenue (A & R) Department, dated 13-2-1996 in consultation with the Finance Department as well as the Law Department. Prior to the issuance of the said Special Court Rules the Chairman and Members of the Special Court received the last pay drawn by them in their earlier post. Therefore, it was considered necessary to evolve a common pay scale for judicial as well as Revenue Members without any reference to the pay scale applicable to the post last held by them and accordingly the Special Court Rules in G.O.Ms. No.176, dated 13-2-1996 were issued by the Government of Andhra Pradesh as stated above. The source of recruitment of the Chairman and the Members of the Special Court as well as the Chairman and Members of the A.P. Administrative Tribunal is one and the same i.e., the Chairman of the Tribunal and the Chairman of the Special Court shall be a person who is or has been a Judge of the High Court. The Administrative Members of the Tribunal and the Revenue Members of the Special Court are drawn from the retired or serving members of the Indian Administrative Service. Likewise, the Judicial Members of the Tribunal and the Special Court are drawn from the Higher Judicial Service of the State. The Special Court has original as well as appellate jurisdiction whereas the Tribunal has no appellate jurisdiction. The duties of the Chairman and Members of the Special Court as well as the Tribunal are identical. The A.P. Administrative Tribunal (Salaries and Allowances and Conditions of Service of Chairman and Vice-Chairman and Members) Rules, 1989 (hereinafter referred to as 'the Tribunal Rules') have not been amended or altered at any time to the disadvantage of the Chairman and Members of the Tribunal. Prior to the amendment of Rule 3 of the Tribunal Rules the Members of the Tribunal were drawing the scale of pay of Rs.7,300-200-7,500-250-8,000. In exercise of the powers conferred by Sections 35 and 36-A of the Administrative Tribunals Act, 1985 the Tribunal Rules were amended by reason of A.P. Administrative Tribunal (Salaries and Allowances and Conditions of Service of Chairman and Vice-Chairman and Members) Amendment Rules, 1998 whereby Rule 3 of the Tribunal Rules was also amended. The notification amending the Tribunal Rules was republished by the Government of Andhra Pradesh in G.O.Ms. No.421, General Administration (SPF.B) Department, dated 16-10-1998. The amended Rule 3 of the Tribunal Rules reads as follows: PAY: The Chairman shall be entitled to pay of Rs.26,000/- plus a special allowance of Rs.1,000/- per mensem, Vice-Chairman shall be entitled to pay of Rs.26,000/- per mensem and a Member shall be entitled to pay in the scale of Rs.22,400-600-26,000/- per mensem. Provided..........drawn or to be drawn by him.

(2.) However, the Government of Andhra Pradesh amended Rule 3 of the Special Court Rules by the impugned G.O.Ms. No.629, Revenue (A & R) Department, dated 12-8-1999 to the following effect: PAY: The Chairman shall receive a pay of Rs.26,000/- plus special pay of Rs.1,000/- per mensem and a Member shall receive pay which he drew previously or is drawing at the time of appointment.

(3.) It is stated that the scales of pay of the members of the Indian Administrative Services have been revised by the Central Government and the pay scale of Rs.7,300- 200-7,500-250-8,000/- is revised to Rs.22,400- 600-26,000/-. Therefore, by virtue of the amendment to Rule 3 of the Special Court Rules in G.O.Ms. No.629, dated 12-8-1999 the Judicial Members of the Special Court are drawing less scales of pay than the Revenue Members. It is contended that though the Judicial as well as Revenue Members are discharging the same functions, but there is no parity in their scales of pay. The Registrar of the Special Court has also referred to the scales of pay applicable to the Chairman and Members of the Special Court under Indian Electricity (Andhra Pradesh Amendment) Act, 2000 in order to highlight the disparity in the scales of pay applicable to the Members of the Special Court. It is relevant to notice Rule 3 of the Andhra Pradesh Indian Electricity Special Court Chairman and Members (Conditions of Services) Rules, 2000 which reads as under: PAY: The Chairman shall be entitled to draw a pay on par with the Judge of the High Court and a Member shall be entitled to a pay in the scale of Rs.22,400-600-26,000 per mensem.