JUDGMENT

K. JAGANNATHA SHETTY, J. :— The petitioners are Personal Assistants in the High Court of Bombay. In these petitions under Art. 32 of the Constitution, they seek a writ or order directing the High Court to treat them on par with Private Secretaries and place them in the pay scale of Rs. 1000-50-1500/- with effect from Oct. 25, 1982.

2. The matter arises in this way : Prior to April 1, 1966, only shorthand writers were attached to the Chief Justice and Judges of the High Court. On April 1, 1966, the shorthand writers were designated as selection grade shorthand writers due to revision of pay. In 1970, they were redesigned as Personal Assistants to the Judges. The pay scale of the Personal Assistants as well as Courts Stenographers was the same. The petitioners belong to the category of the Personal Assistants, although they were initially appointed as Court Stenographers. On Feb. 8, 1980, the Association of Personal Assistants made a representation to the State Government complaining that for want of promotional outlets, they were frustrated by stagnation. They, therefore, requested to convert one-fifth of the post of Personal Assistants into those of Private Secretaries to the Judges in the pay scale of Rs. 1000-50-1500/- and the remaining in the pay scale of Rs. 680-1250/-. The High Court also recommended to the Government that the request of the Personal Assistants could be accepted. The Government by order dated Oct. 25, 1982 directed that eight out of thirty seven posts of Personal Assistants should be converted into those of the Private Secretaries it to the Judges in the pay scale of Rs. 1000-50-1500/- and the remaining twenty nine posts should be converted into those of the Personal Secretaries to Judges in the pay scale of Rs. 680-1250/-.

3. Pursuant to the conversion of eight posts of Personal Assistants into that of Private Secretaries, the Chief Justice made consequential orders converting eights posts and promoting eight Personal Assistants as Private Secretaries on the basis of seniority-cum-merit. The Chief Justice ordered that the promoted eight Private Secretaries should be posted with the Chief Justice and other Administrative Judges.

4. The petitioners who are relatively juniors in the cadre of Personal Assistants, have moved this Court with writ petitions contending, inter alia, that there is no difference in the nature of duties and responsibilities of Private Secretaries and Personal Assistants. All Judges except the Chief Justice have equal powers and are performing similar functions. There is no difference worth the name in the nature of duties performed by Personal Assistants attached to Administrative and / or Senior Judges. The theory evolved by the High Court for differently classifying eight Personal Assistants from their counter-parts is arbitrary and unsustainable. There is no basis for converting only eight out of thirty seven posts of Personal Assistants to those of Private Secretaries. The distinction made amongst the Personal Assistants who are identically situated is an irrational, unjust, unintelligible and unfair. With these and other allegations, they have demanded the pay scale similar to that of the Private Secretaries.

5. There are two counter-affidavits filed denying the averments made in the writ petitions, - one by the Registrar, High Court and the other by the General Secretary of the Personal Assistants Association, High Court of Bombay. They have explained the difference in duties and responsibilities of Private Secretaries and Personal Assistants. They have stated that the Administrative Judges have administrative business in addition to their judicial work. Various administrative subjects are also assigned by the Chief Justice to the Administrative Judges and their Private Secretaries are burdened with those additional work. They have denied that the Private Secretaries and Personal Assistants are doing the same work. It is also stated that the Government resolution dated O