Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India 229(2) 39(d) and 14 950 Articles 226 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law: Constitution of India, 1950-Articles 226, 229(2), 39(d) and 14- Jurisdiction-Exercise of-Pay scales-Fixation of-Court Stenographers, Personal Assistants and Personal Secretaries to the Hon'ble Judges of the High Court-Court staff sought same pay scales as granted to the Personal Assistant to Chief Secretary and Additional Chief secretary-High Court in exercise of its jurisdiction under Article 226 applied principle of 'equal pay for equal work' and issued mandamus granting same pay scales-On appeal held, issuance of mandamus not justified-Fixation of pay scale is prerogative of the Chief Justice of the High Court on framing appropriate rules which require approval of Governor-Court would be justified in issuing direction to the Chief Justice to decide in exercise of powers under Article 229(2) of the Constitution. Doctrines: 'Equal pay for equal work'-Equitable principle-Enforceability of- Discussed.Respondents alleged that they were getting the same scales of pay, as was being paid to the Senior Personal Assistants, attached to the Chief Secretary and the Additional Chief Secretary in the State of Maharashtra prior to the Fifth Central Pay Commission but that parity has not been maintained after the fifth Pay Commission. Aggrieved, respondents filed a petition that their pay should be fixed in the same scale. High Court in exercise of its jurisdiction under Article 226 applied the principle of 'Equal pay for equal work' and on an evaluation of the nature of duties discharged by the respondents issued the mandamus directing that same pay stale to be given to the respondents as was being paid to the Senior Personal Assistant attached to the Chief Secretary and the Additional Chief Secretary in the State of Maharashtra. It further directed that special allowance be granted to Senior Administrative Judges. Hence the present appeal. Appellant contended that the High Court was not justified in granting a particular scale of pay to a particular class of employees which tantamounts to granting a specific scale by the Court in exercise of its jurisdiction under Article 226. The Court might be justified in issuing the direction to the Chief Justice to perform his duty under Article 229(2) by framing a set of rules and fixing any pay scale therein. It further submitted that it is incorrect that prior to the Fifth Pay Commission parity was being maintained in the pay scales. |
Judge | Honble Mr. Justice G.B. Pattanaik |
Neutral Citation | 2002 INSC 10 |
Petitioner | State Of Maharashtra |
Respondent | Assn. Of Court Stenos, P.a., P.s. And Anr. |
SCR | [2002] 1 S.C.R. 124 |
Judgement Date | 2002-01-09 |
Case Number | 109 |
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