TMI Blog1993 (3) TMI 382X X X X Extracts X X X X X X X X Extracts X X X X ..... urt. 2. On 25.7.1986 an interim order was passed by this Court saying that pending final disposal of the writ petition the officers and staff of the Supreme Court Registry may be paid the same pay scales and allowances which were than being enjoyed by the officers and the members of the staff of the High Court of Delhi belonging to the same category with effect from the date from which such scales of pay have been allowed to the officers and the members of the staff of the High Court of Delhi. By a later order dated 15.1.1987 clarification was made in respect of different posts in the Supreme Court Registry which will be treated as equivalent to the different posts in the Delhi High Court and a direction was given that the benefit of the aforesaid order dated 25.7.1986 will be given to them. 3 . There is no dispute that pursuance to the aforesaid two orders the Section Officers/ Court Masters, Assistants, Senior Clerks and other employees in the Supreme Court Registry started getting the scales of pay which were being paid to their counterpart in the Delhi High Court on the basis of aforesaid orders dated 25.7.1986 and 15.1.1987. 4. The Fourth Central Pay ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... id to the holders of the corresponding posts in the High Court of Delhi. On behalf of the Supreme Court class IV Employees Welfare Association it was pointed out that in C.W. No. 3464 of 1990 filed on behalf of Class IV employees of High Court of Delhi while allowing that writ petition on 4.11.1991 a direction has been given to fix the pay scale of class IV employees in the revised pay scale of ₹ 975-1660/-. 9 . All such applications for direction were being postponed from time to time awaiting the report of the Committee of Judges of this Court, constituted by the then Chief Justice of India. Ultimately on 26.2.1993 an affidavit has been filed on behalf of the Registrar General of this Court saying that the Committee has submitted the Report to the then Chief Justice of India who has passed the necessary orders that the said recommendations of the Committee be placed on the record of this case. The copies of the recommendations of the Committee have been served on the parties concerned. 10. The Committee has made reference to different interim orders passed in the writ petitions aforesaid and has pointed out that those orders having been passed on the judic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r present pay shall not be reduced. (3) The difference shall be treated as pay personal to themand they shall stagnate at their present pay until they reach that stage in the revised pay-scale, if it does not happen, as the pay, they are drawing is more than the maximum fixed by the Fourth Pay Commission they shall stagnate until a further revision of pay-scales is affected. 11. These pay scales shall be effective from 1.1.1986 on which date the pay-scales recommended by the Fourth Pay Commission became effective. OR 12. If the interim order is not vacated then Rules under Article 146 can be framed fixing the pay-scales at par with the pay scales fixed for the corresponding posts of the establishment of the High Court of Delhi. If there are no corresponding posts in respect of any post then appropriate pay scale to such post having due regard to the status of the post and the pay-scales of the posts higher and lower in the hierarchy in the establishment of the Supreme Court of India has to be created. The pay scales which could be fixed on this basis are indicated in the Annexure. However, these rules can be implemented prospectively after the ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to be forwarded to the President for his approval cannot be held, for the present, to be a rule within the meaning of Article 146 of the Constitution. But those recommendations can certainly form basis for issuing interim direction regarding payment of the revised scale to the holders of different categories of posts within the Registry of this Court. It is an admitted position that the question regarding revision of scale of pay of different categories of employees of this Court w.e.f. 1.1.1986 is pending consideration for more than seven years. During the hearing of the applications for interim directions we were informed that holders of the corresponding posts of the High Court of Delhi have been getting the revised scale of pay pursuance to the orders aforesaid dated 4.11.1991 and 14.11.1991. There does not appear to be any justification that when the holders of corresponding posts in the High Court of Delhi are getting the scales of pay pursuant to the orders aforesaid, how these scales could be denied to holders of the corresponding posts of the Apex Court in the country till the rules come in force. 16. On behalf of Union of India an application has been filed for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... IVemployees on the establishment of this Court by the Rules to be made by the Chief Justice of India under Article 146 results in great disparity between the pay-scales of the corresponding posts under the Central Government and this will constitute a ground for the central Government employees to demand parity in the pay-scales, i.e., pay-scales accorded to the corresponding employees of the Delhi High Court and the Supreme Court and this will result in enormous financial liability on the Central Government. 18. We first remove the anomaly in the recommendations made by the Committee in respect of the posts of Private Secretaries to the Registrars of the Supreme Court and which are the subject matter of interlocutory application No. 5 of 1992. The Committee in its recommendations has allowed the pay-scale of ₹ 3000-4500/- in respect of the posts of Section Officer, Librarian, Court Master and Sr. Assistant Librarian but has recommended the pay-scale to Private Secretary to the Registrar at ₹ 2300-3700/-A perusal of the pay-scales as recommended by the Fourth Pay Commission itself at item No. 11 shows that the Section Officer, Librarian, Private Secretary to th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... graphers were fixed in the pay-scale of ₹ 330-560/- which was also the payscale of Senior Clerks. So far as the Junior Clerks are concerned they were fixed in the pay-scale of ₹ 260-400/- by the Third Pay Commission. The Committee of Judges have also recommended the pay-scale of ₹ 1400-2300/- to the Junior Stenographers treating them at par with Senior Clerks of this Court who are equivalent to Upper Division Clerks of the Delhi High Court. It has been contended on behalf of the Junior Stenographers that they are also entitled to the pay-scale of ₹ 1400-2300/- as already recommended by the Committee. We find force in the above contention. The Senior Clerks of this Court have been treated equivalent to U.D.Cs. of Delhi High Court who have been allowed the pay-scale of Rs. l400-2300/- and the Junior Stenographers being treated at par with the Senior Clerks of this Court have been rightly, placed by the Committee in the pay-scale of ₹ 1400-2300/-. It may also be noted that the Junior Clerks have already been allowed the pay scale of ₹ 1350-2200/- and as such the Junior Stenographers of this Court, who are on a higher posts than the Junior Clerks, ar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of interim measure from the month of March, 1993 subject to the Rules made by the Chief Justice of India under Article 146 of the Constitution. 22. It may be noted that the Delhi High Court by order dated 14.11.1991 in Writ Petition No. 2756 of 1991 had allowed the pay-scale of ₹ 3000-4500/- from 1.1.1986 to the Court Masters, and Superintendents of Delhi High Court and the Special Leave Petitions No. 2594 of 1992 filed against the Judgment of the High Court having been dismissed on 25.3.92 by this Court and the same having become final, the employees in the Supreme Court are justified in claiming the pay-scale of ₹ 3000-4500/- from 1.1.1986. Same is the position in the case of Junior Stenographer. The Chief Justice may consider and if deem appropriate direct that the payment of arrears can be made by deposit of the whole arrears or part in General Provident Fund or by way of suitable installments as the case may be by taking note of the financial involvement in consultation with the Government. We are making it clear that we are not giving any direction in this regard and the Chief Justice while framing the Rules under Article 146 of the Constitution shall be ..... X X X X Extracts X X X X X X X X Extracts X X X X
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