JAYKISHOR CHOUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS writ application was filed for a direction to the State government to create 35 posts of Bench secretaries to the Hon'ble Judges of this court as also one post of Principal Bench secretary to the Hon'ble the Chief Justice in terms of different letters of this Court sent from time to time to the State Government in this regard

(2.) IT appears, having regard to specialised nature of job and arduous duty of the Peshkars of the Hon'ble Judges, this court by a letter dated 6. 2. 1990, requested the State Government for conversion of five posts of Section Officers and 30 posts of assistants to the post of Bench Secretary in the existing scale of pay of Rs. 3000-4500/-and one post of the Principal Bench secretary in the scale of Rs. 3700-5000/ -. As would appear from the counter affidavit of the High Court, on 6. 7 1990 there was a meeting of the Hon'ble the Chief Justice and the Chief Minister wherein the criteria for creation of the posts were considered. Ultimately, when no final decision was raken, on 24. 9. 1992 and lastly on 1. 2. 1993. letters were sent by the Hon'ble the Chief justice emphasising the urgency of creation of the posts but unfortunately when no decision was taken the present writ application was filed

(3.) IT would be relevant to notice that during pendency of this writ application, on the basis of the recommendation of a High level Committee, the State Government by t:he notification dated 20th December. 1993, created 30 posts; of Peshkar/bench Clerk by upgrading equal number of the posts of Assistants in the pay scale of Rs. 1800-333ci and five posts in the scale of Rs. 2000-3800. .