1. Dispute regarding entitlement of all Private Secretaries to High Court Judges to an upgraded pay-scale based on parity with State Secretariat staff under Article 229. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 )
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1998 Supreme(SC) 787
1998(6) Supreme 547
Supreme Court of India
(From Gujarat High Court)
Sujata V. Manohar & D.P. Wadhwa, JJ.
C.G. Govindan etc. -Appellants
versus
State of Gujarat & Ors. etc. -Respondents
Civil Appeal No. 400 of 1997
With
Civil Appeal Nos. 401 and 402 of 1997
Decided on 11-8-1998
Counsel for the Parties :
For the Appearing Parties : K.G. Shah, S.K. Dholakia, P.P. Rao, R.P. Bhatt, D.A. Dave, Sr. Advocates, (Jatin Jhaveri) Advocate for H.J. Jhaveri, (Vimal Dave, (Ms. S. Hazarika) Advocates for Mrs. H. Wahi, Ms. Meenakshi Arora, (Ms. Kumud L. Das) Advocate for M.N. Shroff, Advocate/Advocates.
For the Respondent No. 3 : In-person.
For the Intervenor : In-person.
Important Points
Under Article 229(2), salaries of High Court staff require the Governor's approval. Courts cannot issue mandamus to circumvent this constitutional process. Parity between High Court and State Secretariat staff is sufficient, and promotional pay-scales based on seniority-cum-merit do not violate Article 14.
Subject
Service Law - Pay Scales and Allowances
Act Referred
Headnote
Service Law-Parity of pay scale - Stenographers-cum-Private Secretaries to High Court Judges (Gujarat High Court vis-a-vis Stenographers-cum-Private Secretaries of State Government Secretariat)-Consequent to Fourth Pay Commission Gujarat Government merged Stenographers getting pay scale of Rs. 650-1200 and Rs. 650-1040 into one and revised pay scale became Rs. 2000-3500-10 of Seniormost Private Secretaries were upgraded as Private Secretaries Class I on the pay scale of Rs. 3000-4500-Eligibility for upgraded pay scale is minimum length of 15 years service as Stenographer Grade I-Chief Justice of High Court in exercise of his power under Article 229 of Constitution refixed pay scale of Stenographers-cum-Private Secretaries to High Court Judges in the same line-10 of Private Secretaries were given upgraded pay scale of Rs. 3000-4500 as in case of Govt. Secretariat-High Court Private Secretaries filed writ claiming pay scale of Rs. 3000-4500 irrespective of length of service they put in-Prayer granted by High Court- Appeal by State Government-Held, (Per Mrs. Sujata V. Manohar, J.) Parity among Secretariat Stenographers - cum - Private Secretaries and Private Secretaries to High Court Judges maintained-Giving higher grade of Rs. 3000-4500 to all Stenographers Grade I- cum-Private Secretaries to all High Court Judges irrespective of length of service put in would upset parity among Secretariat Stenographers and High Court Stenographers and would defeat very purpose of providing promotional avenue which is the objective of upgradation of 10 in pay scale of Rs. 3500-4500-Constitutional methodology of fixing salary of High Court Staff by Chief Justice under Article 229 should not ordinarily be circumvented by passing judicial order-Per Contra (D.P. Wadhwa, J.) Result of upgradation of 10 Seniormost Stenographers in Gujarat Secretariat is that not only Chief Secretary, Additional Chief Secretary or officers equivalent post but those lower in rank also having Private Secretaries with pay scale of Rs. 3000-4500 attached or working with them-Applying 10 ratio to High Court, only 5 Private Secretaries of High Court would get benefit of pay scale of Rs. 3000-4500-It is a case of discrimination-Judge of High Court holds post Higher than Chief Secretary of State-Pay scale to Private Secretary to High Court Judges cannot be lower than Private Secretary to an officer lower in rank-All Private Secretaries entitled to pay scale of Rs. 3000-4500.
Legal Category Hierarchy
- constitutional law
- administrative law
- practice and procedure
Table of Contents
2. Respondents claim entitlement to upgraded pay-scales based on parity and rank of Judges; State contends the scale is promotional and requires Governor's approval. (Para 9 , 13 , 14 , 16 , 33 , 37 )
3. The court analyzed the constitutional requirement for Governor's approval under Article 229 and found that parity was maintained by limiting upgrades to promotional posts. (Para 10 , 11 , 12 , 13 , 14 , 15 , 16 , 18 , 19 , 20 , 21 , 22 , 24 )
4. Salary scales for High Court staff under Article 229(2) require Governor's approval; mandamus cannot be issued to circumvent this constitutional requirement. (Para 10 , 11 , 22 , 24 )
5. Appeals of the State of Gujarat allowed; impugned judgment set aside; corrigendum upholding limited upgraded posts upheld; appeal of C.G. Govindan dismissed. (Para 27 , 28 , 29 )
6. How are the salaries of High Court officers and servants fixed under the Constitution?
Under Article 229(2), conditions of service are prescribed by rules made by the Chief Justice, but rules relating to salaries, allowances, leave, or pensions require the approval of the Governor of the State. (Para 10 , 11 )
7. Can a writ of mandamus be issued to direct the State to grant a specific salary scale to High Court staff?
No, a mandamus should not be issued to circumvent the constitutional requirement of Governor's approval under Article 229 unless there is a breakdown of constitutional machinery resulting in grave injustice or public detriment. (Para 11 , 12 , 24 )
8. Does the principle of equal pay for equal work apply between High Court Private Secretaries and State Secretariat Private Secretaries?
No, because the nature of work performed by Private Secretaries to High Court Judges is different from the work performed by Private Secretaries to the Secretaries of the State Government. (Para 13 )
9. Does a non-speaking order dismissing a special leave petition (SLP) constitute a binding law under Article 141?
No, a summary dismissal of an SLP under Article 136 does not lay down a law as envisaged by Article 141 of the Constitution and does not govern subsequent cases. (Para 21 , 22 )
Judgment
Mrs. Sujata V. Manohar, J.-Civil Appeal Nos. 401 and 402 of 1997 are filed by the State of Gujarat against a judgment of a Division Bench of the High Court granting to the Private Secretaries to the Hon’ble Judges of the High Court pay-scales of Rs. 3000-4500. For the sake of convenience the State of Gujarat is referred to as the appellant and the original petitioners before the High Court are referred to as the respondents. While Civil Appeal No. 400 of 1997 is filed by one C.G. Govindan, a Private Secretary to a Judge of the Gujarat High Court claiming the pay-scale of Rs. 3000-4500 from 1.1.1986, which appeal has been dismissed by the same common judgment.
Factual background:
2. Prior to 1.1.1986, in the Central Secretariat of the Union of India, there were four grades of stenographers-Grade A, B, C and D. Stenographer Grade A was in the pay-scale of Rs. 650-1200 while Stenographer Grade B was in the pay-scale of Rs. 650-1040. The 4th Pay Commission recommended (paragraphs 9.39 and 9.42 of the 4th Pay Commission Report) that Grades A and B should be merged and a uniform scale of Rs. 2000-3500 should be provided for all posts in Grades A and B combined.
3. It further recommended, “To provide further satisfactory promotional avenues for the members of the CSSS (Central Secretariat Stenographers Service), we recommend the posts of Private Secretaries to Secretaries to Government of India and equivalent officers may be upgraded and given the scale of Rs. 3000-4500.... Pursuant to this recommendation, the Government of India, Ministry of Personnel, Public Grievances and Pensions, by its Office Memorandum dated 7.10.1987 accepted the recommendation of the 4th Central Pay Commission in this regard and upgraded the existing posts of Private Secretaries to Secretaries to Government of India and equivalent officers to the scale of Rs. 3000-4500 with immediate effect.
In the State of Gujarat :
4. In the Secretariat of the Government of Gujarat, prior to 1.1.1986, Stenographers Grade I carried the pay-scale of Rs. 650-1040. Stenographers Grade I-cum-Private Secretaries to the High Court Judges also had the pay-scale of Rs. 650-1040. On the merger of pay-scales Rs. 650-1200 and Rs. 650-1040, the revised pay-scale for them was Rs. 2000-3500.
5. After the Union Government accepted the recommendation of the Fourth Central Pay Commission with regard to the upgradation of the existing posts of Private Secretaries to Secretaries to the Government of India and equivalent officers to the scale of Rs. 3000-4500, the Government of the State of Gujarat appointed a committee to examine the representation in that connection made by the Gujarat Sachivalaya and Allied Officers Stenographers Association. The committee came to the conclusion that there was sufficient justification to upgrade certain posts of seniormost Private Secretaries to the scale of Rs. 3000-4500 equivalent to the number of officers of the rank of Additional Chief Secretaries and above in the Sachivalaya. Thereafter by its Resolution dated 28.2.1990, the Gujarat State Government decided that 10 of the existing posts of Private Secretaries (English and Gujarati Stenographers Grade I) on the Secretariat cadre in the pay-scale of Rs. 2000-3500, may be upgraded as Private Secretaries Class I, and be given the pay-scale of Rs. 3000-100-3500-125-4500. These upgraded posts may be filled by promotion from Private Secretaries (Stenographers Grade I) on the basis of seniority-cum-merit. For becoming eligible to this grade, the incumbent must have put in at least 15 years of service as Stenographer Grade I.
Present position:
6. Under the Resolution of 18th of May, 1991, the revised pay-scales relating to Stenographer Grade I in the Secretariat cadre are as follows:
Designation Current Pay-scale Revised Pay-scale Remarks
Stenographer 650-1040 2000-3500 Upgraded the present posts of cadre Grade-I steno upto 10 admi
