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