S.D.GULZAR Vs. HONBLE THE CHIEF JUSTICE

JUDGEMENT

(1.) Shri S. D. Gulzar was taken on transfer as Personal Asstt. -cum -Judgment Writer in the Court of the Judicial Commissioner, Himachal Pradesh, with effect from January 1, 1964. He was posted in the Himachal Bench of the Delhi High Court on May 1, 1967 as a Judgment Writer. The status of a Class II Gazetted Private Secretary was given to him with effect from December 30, 1967 through a Notification of the Delhi High Court dated January 23, 1968. He continued as a Class II Gazetted Private Secretary, after the setting up of the Himachal Pradesh High Court with effect from January 25, 1971, till he retired (on April 30, 1988). The present writ petition was filed by Shri Gulzar on September 12, 1978. In it, he assailed the order dated July 31, 1978, by which selection grade was granted to some of the respondents to the petition, though it was not granted to him.

(2.) The provision for grant of selection grade to its employees was made by the Government of Himachal Pradesh through an order dated July 31, 1976, with effect from July 7, 1976. The High Court of Punjab and Haryana also made a provision in the High Court Establishment (Appointment and Conditions of Service) Rules, 1973, for grant of selection grade, inter alia, to Superintendents, Readers and Private Secretaries through a Notification published in the Chandigarh Administration Gazette dated July 1, 1977. On September 19, 1977, the High Court of Himachal Pradesh addressed a letter to the Government of Himachal Pradesh with a request that incumbents of the posts of Private Secretaries, Readers and Superintendents, both permanent and temporary, which had been in existence for three years, be allowed selection grade to the extent of 20% of the posts. On September 29, 1977, the Government of Himachal Pradesh addressed a letter to the High Court, in reply to the letter aforesaid, seeking a complete proposal for grant of selection grade to all the eligible categories of the staff on the analogy of the High Court of Punjab and Haryana and also asking for the total number of posts in each category and number of posts proposed for the grant of selection grade, together with the financial implications involved in the matter, to be communicated to it. The High Court wrote back on December 7, 1977. It said that on the pattern of the contemporary staff of the Punjab and Haryana High Court the three distinct classes of the staff, namely, Readers, Private Secretaries and Superintendents were eligible for the grant of selection grade and requested that "selection grade for three posts, namely, Private Secretaries, Readers and Superintendents, as given below,................be ordered to be released separately for each category and the approval of the Government in this behalf communicated............. -. In a tabular chart was mentioned in this letter the number of posts and the release of selection grade was requested category -wise on the Punjab pattern in respect of one post each of Private Secretaries, Readers and Superintendents. Some clarification was sought by the State Government through its letter of February 27, 1978, which was furnished by the High Court to it through its communication of March 28, 1978. In this letter again the High Court made a request that the orders of the Government granting selection grade to each of the categories of Superintendents, Readers and Private Secretaries with effect from July 7, 1976, on the Punjab pattern be issued, after furnishing the information asked for by the Government in some detail. The State Government then issued an Office Memorandum dated June 16, 1978, which read thus: - "Government of Himachal Pradesh (Finance Department) (Regulation Section) No. 18/3/71 -Fin -Reg. II Simla 171002, dated the 16th June, 1978. OFFICE MEMORANDUM Subject: Introduction of Selection Grade in the cadre of Superintendents, Private Secretaries and Readers of High Court of Himachal Pradesh, The Governor, Himachal Pradesh, is pleased to sanction selection grade of Rs. 900 -1100 to the Private Secretaries/Readers/Superintendents of High Court of Himachal Pradesh with effect from 7 -7 -1976 subject to the condition that the amount of the arrears upto 31 -1 -1978 will not be paid in cash but credited to the General Provident Fund Account of the individual concerned, on two years non -withdrawal basis. The selection grade will be admissible to 20% of permanent posts and temporary post of Private Secretaries/Readers/Superintendents which have been in existence for 3 years or more.

(3.) Hindi version of the above is also enclosed. Sd/ - (R. C Kushesh) Deputy Secretary to the Government of Himachal Pradesh."