BINOD CHANDRA SARMA Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE petitioners, who are the members of the staff of this Court, at the Principal Seat seek judicial intervention for annulment of the letter No.JDJ(E).63/98/PT. 42 dated 24.07.2006 of the Joint Legal Remembrancer and Joint Secretary to the Government of Assam, Judicial Department and an appropriate writ and/or direction to the respondents, to enhance the special pay of Court Masters to Rs. 225/- per month and dress allowance to Rs. 3000/- per annum, in terms of the decision of the Hon'ble the Chief Justice of this Court.

(2.) WE have heard Mr. N. Dutta, Sr. Advocate assisted by Mr. I. Choudhury, Advocate for the petitioners, Mr. B.J. Talukdar, learned State Counsel for the respondents 1, 3 and 4, Mr. D. Saikia, learned Standing Counsel, Finance Department for the respondent No. 2 and Mr. S.S. Dey, learned. Standing Counsel, Gauhati High Court for respondent No.5.

(3.) INCIDENTALLY, the special pay for Bench Assistants (Now Court Masters) and their dress allowance had been sanctioned by the Government of Assam vide letter No. JDJ.199/98/21 dated 1.6.1999 and letter No. JDJ.18/91/36 dated 1.6.1991. As the rates of special pay and dress allowance with time had become wholly inadequate and meagre, the Court Masters on 24.5.2002, submitted a representation before this Court for enhancement thereof to Rs. 225/- per month and Rs. 3000/- per annum respectively. They followed up their plea with another representation dated 6.1.2003 whereafter this Court affirmed the same following the approval of the Hon'ble the Chief Justice in exercise of His Lordship's power under Article 229 of the Constitution of India. The decision was thereafter conveyed to the Government by the Registrar General of this Court. On a query being made by the Government as to the initial sanction of such pay and allowances, the Registry of this Court forwarded to it the letters dated 1.6.1999 and 1.6.1991 on the subject referred to hereinabove. This was on 6.3.2003.