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 District Judge and also the Registrar of the High Court. On 1 July, 1958 Bhubhan Chandra Dutta attained the age of 55 years. He was then the Registrar of the High Court. He was given an extension of one year. On 1 July, 1959 he retired as Registrar of the High Court.

5. On 25 July, 1968 the Deputy Registrar of the High Court under the direction of the Chief Justice wrote to the Secretary to the Government of Assam in the Law Department to instruct the Accountant General to issue provisional pay slip to Bhubhan Chandra Dutta for Rs. 1500/- as pay plus special pay of Rs. 250/-. On 2 August, 1968 the Accountant General issued a provisional pay slip for the period 1 May, 1967 to 31 October, 1967 authorising Bhubhan Chandra Dutta 10 draw a sum of Rs. 870.75 as provisional pay. The special pay of Rs. 250/- was not included in the pay slip.

6. Bhubhan Chandra Dutta thereafter filed a writ petition in 1969 in the High Court at Assam for a mandamus to give effect to the notification dated 28 April, 1967 appointing him to the post of Registrar fixing the pay and special pay allowable to him and a further mandamus on the Accountant General, Assam and Nagaland, Shillong to issue pay slip to Bhubhan Chandra Dutta for the full amount payable to him in terms of the said notification.

7. The High Court issued a mandamus directing the appellant to issue pay slip to Bhubhan Chandra Dutta at the rate of Rs. 1500/-per month minus his pension and a special pay of Rs. 250/- per month. Bhubhan Chandra Dutta, according to the mandamus issued by the High Court, became entitled to the said salary as Registrar for two years with effect from 1 May, 1967.

8. There is no dispute that under Article 229 of the Constitution the appointment of the Registrar is to be made by the Chief Justice of the High Court. It may be stated here that under Rule 7 of the Assam and Nagaland High" Court Services (Appointment, Conditions of Service and Conduct) Rules, 1967, a person who had retired from the State Judicial Service Grade I could be appointed Registrar. The only question is whether the Chief Justice had authority to appoint the Registrar at a salary of Rs. 1500/- p.m. and special pay of Rs. 250/- p.m. In view of the fact that Bhubhan Chandra Dutta had already retired from the Judicial Service and was drawing pension, it is common ground that the pension that he was drawing was to be deducted from the salary of Rs. 1500/-.

9. Under the Assam and Nagaland High Court Services (Appointment, Conditions of Service and Conduct) Rules, 1956, the pay scale of the Registrar was at Rs. 850-50/1-1500 per month. The relevant Rule 3(1) of the 1956 Rules provided as follows : "The post of the Registrar, when filled up from the Service will carry a special pay of Rs. 150/- per mensem in addition to the Grade pay a