JUDGMENT

1. This appeal by Special leave raises the question as to whether the appointment of the Registrar of the High Court of Assam at a special salary of Rs. 1500/- with special allowance of Rs. 250/-is valid.

2. On 28 April, 1967 Bhubhan Chandra Dutta was appointed Registrar of the High Court of Assam. The appointment was made by the Chief Justice of the Assam High Court in exercise of powers conferred by Article 229 of the Constitution of India and Rules 7 and 13 of the Assam & Nagaland High Court Services (Appointment, Conditions of Service and Conduct) Rules, 1967.

3. The order of appointment of the Registrar was as follows :

"He shall be entitled to draw an initial pay of Rs. 1500/ per month less the pension, if any, he has been drawing from the Government. He shall, in addition to the pay, be entitled to draw a special pay of Rs. 250/- per month admissible under the Rules to the Registrar of the High Court. He shall hold the appointment for a minimum period of two years in the first instance. This period may, however, be extended as considered suitable and necessary by the Chief Justice."

4. It may be stated here that Bhubhan Chandra Dutta had previously been Additional Distri