Judgment

GROVER, J. : - This is an appeal by certificate from a judgment of the High Court of Assam and Nagaland dismissing a petition filed by the appellant under Article 226 of the Constitution.

2. It is necessary to set out the facts and the relevant correspondence in order to determine the points which have to be decided. The Assam Government had sanctioned the post of Secretary to the Chief Justice on a temporary basis with a pay scale of Rs. 400-20-500 for a period of one year with effect from July 13, 1948. It appears from the letter of the Registrar of the High Court to the Secretary, Judicial Department, dated August 25, 1955 that although the said post had been sanctioned but there was hardly sufficient work for a whole time Secretary at that time. The post was not filled up and the duties of the Secretary were performed by the Stenographer attached to the Chief Justice. He got a special pay of Rs 50/- per mensem which had been sanctioned by the Government in 1950. This arrangement continued till February 20, 1955. From February 21, 1955 a Lower Division Assistant was appointed to perform the duties of Private Secretary in addition to his own duties. He also got a special p