Judgment

N.M.KASLIWAL, J.

(1) THE Supreme court Employees Welfare Association and Supreme court Class IV Employees Welfare Association filed Writ Petition (Civil) No. 801 of 1986 and Writ Petition (Civil) No. 1201 of 1986 making a prayer that the staff of the Supreme court of India be placed in higher scales of pay than what are admissible to the corresponding staff working in the Delhi High court. A direction was also sought that as an interim measure the staff working in the Registry of this Court be paid the same pay scales as were being paid to the holders of corresponding posts working in the Registry of the Delhi High court.

(2) ON 25/09/1986 an interim order was passed by this court saying that pending Final disposal of the writ petition the officers and staff of the Supreme court Registry may be paid the same pay scales and allowances which were then being enjoyed by the officers and the members of the staff of the High court of Delhi belonging to the same category with effect from the date from which such scales of pay have been allowed to the officers and the members of the staff of the High Court of Delhi. By a later order dated 15/01/1987 clarification was made in respect of different posts in the Supreme court Registry which will be treated as equivalent to the different posts in the Delhi High court and a direction was given that the benefit of the aforesaid order dated 25/07/1986 will be given to them.

(3) THERE is no dispute that pursuant to the aforesaid two orders the Section Officers/Court Masters, Assistants, Senior Clerks and other employees in the Supreme court Registry started getting the scales of pay which were being paid to their counterparts in the Delhi High court on the basis of aforesaid orders dated 25/07/1986 and January 15, 1987

(4) THE Fourth central Pay Commission has recommended revised scale of pay with effect from 1/01/1986 in respect of different categories of posts in the Registry of the Supreme court.

(5) WRIT Petition (Civil) No. 801 of 1986 was heard and the question of fixation of scales of pay of different categories of the employees of this Court was examined. By an order dated 24/07/1989 it was pointed out that under Article 146(2 of the Constitution, the conditions of service of officers and servants of the Supreme court has to be prescribed by rules made by the chief justice of India. As such the urgency of framing such rules was impressed and a direction was given to the parties to maintain status quo as regards the scales of pay and allowances but it was also directed that the interim orders passed by this court shall continue

(6) WRIT Application (Civil) No. 2756 of 1991, was filed before the High court of Delhi on behalf of the court Masters, Superintendents and Private Secretaries of the Delhi High court claiming the pay scales of Rs 3000-4500, w.e.f. 1/01/1986. That writ application was allowed on 14/11/1991 directing the Union of India to fix the salary of Court Masters, Superintendents and other category of petitioners of that writ application in the pay scale of Rs. 3000-4500, w.e.f. 1/01/1986. A petition for Special Leave to Appeal (Civil) No. 2594 of 1992 was filed before this court, which was dismissed after hearing the parties concerned on 25/03/1992 saying that no ground,for interference was made out.

(7) THEREAFTER an application was filed on behalf of the petitioners of the Writ Petition (Civil) No. 801 of 1986, for a direction that in view of the order passed by the High court of Delhi directing payment of the scale of Rs. 3000-4500, w.e.f. 1/01/1986 to the court Masters, Superintendents and other categories of employees of the said court which order has been affirmed by this court by dismissal of the Special Leave Petition on 25/03/1992, as an interim measure the pay scales of the staff holding corresponding posts should also be revised till the rules are framed under Article 146 of the Constitution