Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India 1950 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Arlicle 229-Officers of High Court-Promotion-Power and jurisdiction of Chief Justice of High Court-Held: Chief Justice of High Court not bound to accept the plea of Central Govt. that the posts of Asst. Registrar and Court Masters should be merged-The question as regards merger of these posts was within the exclusive domain of the CJ-Whether the Post of Asst. Registrar was a promotional post or not thus, could not fall for the decision of the Central Govt.Article 229-Officers of High Court-Fixation/revision of pay scales-- Power and Jurisdiction of Chief Justice of High Court-Held; Recommendation of Chief Justice of High Court regarding fixation/revision of pay scales should ordinarily be approved by the State-Refusal thereof must be for strong and adequate reasons-It would not be always helpful to raise the question of financial implication in this regard.Article 229-Officers of High Court-Fixation/revision of pay scales Modalities of-Held: An expert body like the Pay Commission should examine this matter--But in the absence of such expert body, the High Court itself should undertake the task keeping in view the special Constitutional provisions existing in this behalf in terms of Article 229.Article 226-Mandamus-Writ-lssuance of-To Central Govt. to grant G a particular scale of pay lo Officers of High Court-Correctness of-Held: Not proper-Exercise of discretion by High Court depends upon the law which governs the field-High Court should allow statutory authorities to perform statutory duties at the first instance-Administrative law.Articles 226 and 229-Officers of High Court-Fixation/revision of pay scales-Power of High Court-Held: Only in exceptional cases, the High Court may interfere on the judicial side-But ordinarily it should not do so-Even if interference is necessary, the High Court should exercise its jurisdiction with care and circumspection.Article 133-Officers of High Court-Fixation/revision 'of pay scales- /n respect of Private Secretaries to Judges -Appeal against -Held: As the matter was pending for a long time and pay scale already given, Supreme Court declined to exercise its discretionary jurisdiction. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2004 INSC 5 |
Petitioner | Union Of India And Anr. |
Respondent | S.b. Vohra And Ors. |
SCR | [2004] 1 S.C.R. 36 |
Judgement Date | 2004-01-05 |
Case Number | 2887 |
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