RAMESH CHANDRA MUNDRA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THE question in this petition concerns about the ambit and scope of Article 229 of the Constitution of India as to the extent of power of Chief Justice and the extent of the field in which interference or say of the Government can prevail. THE petition is arising in the back drop of letter Annexure/1 dated 8. 8. 1997 issued by the Registrar, Rajasthan High Court to the Secretary Law and Legal Affairs Department, Government of Rajasthan, Secretariat, Jaipur for according sanction regarding upgradation of 16 posts of Private Secretaries as Senior Private Secretaries in the pay scale of Rs. 3450-5000 with the special pay of Rs. 350/- equating this post with the Senior Private Secretary of State Assembly Secretariat. This was followed with quite a few reminders. THE request was turned down by the State Govt. vide Annexure/5 dated 30. 4. 1998.

(3.) IN support of his contention, Mr. Singhvi further submits that the matter of upgrading new posts in pay scale available to existing promotional avenue in the structure of Court staffing is not governed by proviso to Article 229 (2) so as to require the approval of the Governor. The creation of post within the High Court and every appointment thereon is exclusively in the domain of the Hon'ble Chief Justice.