BIHAR JUDICIAL SERVICES Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application has been filed by the Bihar Judicial Services Association in its representative capacity for quashing a part of notification dated 30th December, 1981, issued by the State of Bihar, revising the pay scale of different categories of the employees of the State Government including the members of the' Bihar Judicial Service, Revision in the pay scale has been made on the basis of the recommendation of the Fourth Pay Revision Committee (hereinafter referred to as 'the Pay Revision Committee').

(2.) THE primary grievance which has been made on behalf of the petitioner is in respect of revision of the pay scale of Additional District Judges. According to the petitioner, instead of giving the same scale of pay to the District Judges and the Additional District Judges, as recommended by the Pay Revision Committee, the State Government has arbitrarily lowered the pay scale of the Additional District Judges to bring it in conformity with the pay scale of the Additional District Magistrates. It was alleged that not only the Pay Revision Committee recommended the same pay scale for the District Judges and the Additional District Judges, even the State Government had taken a decision in the year 1979 that for the purpose of scale of pay the Additional District Judges shall be treated at par with the District Judges. As such, according to the petitioner, it was not open to the State Government to fix a lower scale of pay for the Additional District Judges. It has been pointed out that the District Judges and the Additional District Judges in Bihar like their counterpart in the other parts of India exercise identical judicial power and function they being completely independent of each other in discharge of their respective duties, both being subordinate only to the High Court on the Administrative and Judicial sides. The Law Commission of India in its Fourteenth Report on the Reform of Judicial Administration recommended that there should not be any difference in the pay scales of District Judges and Additional District Judges holding corresponding posts carrying equal responsibility in the following words : -

(3.) THE Bihar Superior Judicial Service Rules were framed under Article 309 read with Article 233 of the Constitution (hereinafter referred to as 'the Rules') contains the provision in respect of appointment and service conditions of the members of the Bihar Superior Judicial Service. Rule 3 of the Rules is as follows : -