TMI Blog1997 (2) TMI 599X X X X Extracts X X X X X X X X Extracts X X X X ..... rred to the Central Government through Chandigarh Administration for obtaining approval as required by the Proviso to Clause (2) of Article 229 of the Constitution. It was expressly mentioned in the order that all new appointments made after March 1, 1974 have been regulated by the new rules . The Chief Justice also directed the office by the order dated April 19, 1974 to circulate the new rules to the entire staff and all concerned. Publication of rules in this manner was made and the rules, except those involving financial implications, came into force in actual working with effect from March 1, 1974. The circulation note dated April 24, 1974 of the Deputy Registrar, Administration clearly records this fact. 2. Rule 16 of the above ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... II and III of the said Rules. These rules related to pay, special pay and pension etc. so that they undoubtedly related to financial matters and required the approval envisaged by the Proviso to Clause (2) of Article 229 of the Constitution. The correspondence between the High Court and the Government is clear to indicate that the proposal for approval of the Government and the approval accorded to the same related only to Rules 26, 27 and 34 and Schedules I, IA, II and III only. The Government of India, Ministry of Law and Justice (Department of Justice) letter No. 30/8/83-Jus., dated September 25, 1985 to the Home Secretary, Union Territory Administration, Chandigarh with a copy to the Registrar, High Court, clearly says that the approva ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . 7. As earlier stated, the significance of the date on which Rules 16 and 30 along with the remaining rules, other than those sent for approval of the Government is for the reason that the number of posts available for recruitment from the two sources - direct recruits and promotees - has to be calculated from that date only. There was no prescription of quota prior to that date and subsequent to January 20, 1978 when by amendment made in the Rules the provisions for quota was abolished. It is only between the date of enforcement of the quota rule and its abolition on January 20, 1978 that this question arises and it assumes significance because the longer period of quota rule is beneficial to the direct recruits. 8. In the prese ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... part of Article 229 is as under: 229. Officers and servants and the expenses of High Courts.- (1) xx xx xx xx (2) Subject to the provisions of any law made by the Legislature of the State, the conditions of service of officers and servants of a High Court shall be such as may be prescribed by rules made by the Chief Justice of the Court or by some other Judge or officer of the court authorised by the Chief Justice to make rules for the purpose: Provided that the rules made under this clause shall, so far as they relate to salaries allowances, leave or pensions, require the approval of the Governor of the State. (3) xx xx xx xx Clause (2) of Article 229 enacts that conditions of service of officers and servants ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n reached is the same. It is open to the Chief Justice to frame two different sets of rules whereby the rules relating to salaries, allowances, leave or pensions are made separately in one set while the other set relates to other conditions of service. If the exercise is performed in this manner only that set of rules which relates to salaries etc. involving financial implications requires the approval according to the proviso to Article 229(2) while the other set does not require any such approval and can be enforced by the Chief Justice straight away by his order. The result cannot be any different if only one set of rules is made by the Chief Justice incorporating both kinds of rules. 11. We have no doubt that all the rules framed b ..... X X X X Extracts X X X X X X X X Extracts X X X X
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