HARICHARAN DEKA Vs. STATE OF ASSAM

JUDGEMENT

(1.) The present case relates to the extent of control of High Court, under Article 229 of the Constitution of India, in so far as it relates to the condition of service of its officers and other staff including the Jamadars and revision of the scale of pay of such officers and the other staff of the High Court.

(2.) The writ petition who are serving as Jamadar of this court have filed the present application seeking a writ of mandamus directing the State of Assam, Respondent No. 1, to remove the anomalies regarding pay scale w.e.f. their date of joining as Jamadars.

(3.) The brief facts leading to the filing of she present writ application are that the petitioners were appointed as Jamadar of this Court. Prior to the appointment of the petitioners, the pay scale attached to the post of Jamdar and duftry was higher than that of the Barkandaj (driver). After the revision of pay in the year 1983, the pay scale of the Jamadar and Dauftry was enhanced to Rs. 390/- as basic pay and that of the Barkandaj (driver) was enhanced to Rs. 420/- as basic pay. The pay scale of the Jamadar and dauftry as well as Barkandaj (driver) of this court continued to be different thereafter, in the revision of pay in the year 1989 as well as in the year 1996. The writ petitioners by claiming at least similar pay scale, which is given to the Barkandaj (driver) of this Court, filed a representation on 4.6.01 before the Register General of this Court claiming that the duties and responsibilities of the Jamadar of the High Court in no way lesser than that of the Barkandaj (driver) and according to them, the Jamadars were discharging more onerous duties then the Barkandaj (driver) but they were given lower pay scale. The Registrar General of this High Court, in pursuant to the said representation submitted by the writ petitioners, wrote to the Secretary to the Govt. of Assam,. Judicial Deptt. on 12.9.04 for re-examination of the matter regarding the pay scale given to the Jamandar and for taking necessary steps for removal of the anomalies by upgrading the scale of pay of the Jamadars of the High Court. The Registrar General vide the said communication has informed the Secretary, Judicial Department, Govt. of Assam that the pay scale of the Jamadar and dauftry was higher than that of the Barkandaj in the year 1974 but after revision of pay in the year 1983, the pay scale of Barkandaj become higher than that of the Jamandar and Dauftries. Since the Jamadar and dauftries are to perform duties with the judges of this Court, they have expressd their resentment for their less pay than that of the Drivers. By another communication dated 3.2.03 the Registrar General informed the Secretary, Judicial Department, that the duties of the Jamadar & Dauftries in the High Court are a bit different from the other staff and they are attached to the Judges and also accompanied the Judges of this Court even on tour. The Jamadars are also required to perform duties at odd hours and on holidays also as directed by the Judges of this Court and therefore, the Registrar General has requested the Government to re-examine the matter and to take necessary action regarding the pay scale. Since nothing was received from the Government of Assam, the Deputy Registrar (Amn.) again on 29.4.2003 requested the Judicial Department, Govt. of Assam to expedite the process regarding removal of anomalies in the pay scale of the Jamadar of the High Court and inspite of that, according to the writ petitioners, no action was taken by the Government of Assam for removal of the anomalies and for giving pay scale to the writ petitioners at least similar to the Barkandaj (driver) of this Court. Therefore, the writ petitioners have approached this Court by the present writ application seeking a writ of mandamaus directing the State Government to remove the anomalies regarding the pay scale.