R K KACHROO Vs. STATE

JUDGEMENT

(1.) THIS Letters patent Appeal is directed against the judgment of single Judge dated July 30, 1993. Before dealing with the contention of the Appellants, some essential facts necessitating the filing of the present Appeal may be mentioned.

(2.) APPELLANTS are Readers to the Judges of this Court. They filed writ petition for issuance of directions to the Respondents to give them pay -scale of Rs.2200 -3800 as against the existing pay -scale of Rs.1760 -3200 or such other appropriate grade which may be deemed fit in consideration of the posts held by them. Petitioners submitted that they did not have any promotional avenues under the existing J&K High Court Staff (conditions of service) Rules 1968 (hereafter service Rules), with the result that they have to remain stagnated in this post for years together resulting in great advantage in terms of service career and disappointment in pursuing their work efficiently and with complete dedication.

(3.) THE State Government sanctioned post of Readers to the three tier judicial authorities viz Munsiffs/Subordinate Judges, District Judges and the High Court Judges. Readers to the District Judges have been placed in the higher pay scale of Rs, 2000 -3200. Even the grades of Public Law Officers have been upgraded and the PAS to the Judges of this Court have been extended the benefit of revision of grade consequent upon the decision of this Court. This is also submitted that in view of the judgment of this Court in writ petition No. 987/91; Mohan Lal Hakim and Others Versus State and Ors, the petitioners are entitled to be treated at par in regard to their pay grades with the Readers attached to the Ministers of the State Government, now attached to Special Tribunals in the State, who are in a pay scale of Rs.2200 -3800. Since the nature of work and responsibility of the petitioners and Readers to Special Tribunals are same, there is no justification for subjecting the petitioners to vidious discrimination, although their case for upgradation of pay scale was not only recommended by the High Court, but also by the Law Secretary to the State Government. The petitioners filed writ petition in this Court when the State Govt. failed to meet their grievance Principally, the case of the State Government has been that the Readers working in the District Courts are performing dual functions of Readers as well as stenographers, designated as Readers -Cum -Stenographers consequent on upgradation of the post vide Government order No. 1903 -LD (A) of 1991 dated 5.12.1991 upgrading 13 posts of Readers -Cum -Stenographers to the scale of 2000 -3200. It is pointed that Readers of this Court are drawing the same pay which Readers -Cum -Stenographers of District Judges are drawing. It has also been alleged that giving of higher grades, creating of new posts and amending of service Rules fall within the domain of executive and the Court cannot give any direction in this regard. The petitioners have not been subjected to any hostile discrimination. Readers of the Special Tribunal are gazetted cadre posts and Tehsildars have been appointed Readers in the Tribunal on deputation. Petitioners cannot equate themselves with the Readers of Special Tribunal who are getting the pay scale of Gazetted Officers of Rs.2125 -3600 and not Rs.220O -3800 as alleged by the petitioners.