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1995 Supreme(SC) 279
SUPREME COURT OF INDIA
K.Ramaswamy : M.N.Venkatachaliah
Union Of India
Versus
Delhi Judicial Service Assn
Case No. : 1549 , 1547 of 1994
Date of Decision : 2/23/95
Advocates Appeared: Babu C.B. : Bhatnagar S.K. : Garg T.L. : Goswamy N.N. : Kesh Rishi : Khanna Rakesh : Mitter Sarwa M. : Parameswaran P. : Parmeshwaran P. : Qadri Wasim A. : Rao A.Subba : Rao P.P. : Saini R.K. : Salve H.N. : Saxena O.P. : Subhashini A. : Terdal S.N.
A.SUBBA RAO, A.Subhashini, C.B.Babu, HARISH N.SLAVE, N.N.GOSWAMY, O.P.SAXENA, P.P.Rao, P.PARMESHVARAN, R.K.SAINI, Rakesh K.Khanna, RISHI KESH, S.K.BHATNAGAR, S.N.TERDAL, SARVA M.MITTER, T.L.GARG, VASIM A.QADRI
Headnote:
Constitution of India - Article 309 – Employment and Service – Illegal and arbitrary – Claim of compensation - Since correspondence between the Ministry of Law and Justice and High court did not yield to result of awarding Selection Grade Scale pay to all Additional District and Sessions Judges and Chief and Additional Metropolitan Magistrates, as mentioned in the Schedule, the above writ petition came to be filed and the High court found that since all the posts of Additional District and Sessions Judges, Chief and Additional Metropolitan Magistrates are inter-transferable posts and they discharging same duties are entitled to equal pay for equal work - Difference of pay between chief justice of the Supreme court and Judges of Supreme court, and the chief justice and Judges of High courts is only same parity be maintained for Selection Grade and Time Scale Additional District and Sessions Judges - Therefore, all Additional District and Sessions Judges, Chief and Additional Metropolitan Magistrates are entitled to scale - As the above scale was given effect all officers are equally entitled from the same date – Held, It is true as rightly pointed out by that functioning in the Judicial Service cannot be equated with the officers on the executive branch of the government in the light of judgment of this court, reference of which is made hereinbefore - Delhi Higher Judicial Service Rules require to be amended and they are to be dealt with separately - Governor in consultation with the High court should do the needful. We are informed that even in the reference to Fifth Pay Commission Judicial Officers are tagged together with the officers of the executive branch of the government - High court therefore, is directed to take appropriate steps to have the rules amended suitably. It may be open to the respondent-Association to make a representation to Fifth Pay Commission for fixation of their scale of pay appropriately independent of the scale of pay to be revised for all the officers working in executive branch of government in Union Territory - Appeals are accordingly allowed, but in the circumstances without costs - It is needless to mention that as and when arrears are paid to judicial officers according to this judgment, it has to be proportionately distributed for the purpose of assessment of the income tax - Arrears should be paid within a period of three months from the date of the receipt of this order - Therefore, honesty character, integrity and exemplary conduct are necessary imperatives for maintaining the independence of judiciary, the distinction between Time Scale and Selection Grade etc, are to be maintained. It is, therefore, imperative to maintain the distinction between Time Scale officers or Selection or Super Time Grade etc. officers or Grade I and Grade II officers etc. as enjoined in service conditions of Higher Judicial Services in the respective States. Application of the doctrine for equal pay for equal work which has effect these vitalities is clearly illegal, illogical and inappropriate to award en masse Selection Grade Scale pay to all the officers – Petition dismissed
(1) THESE two appeals are disposed of by a common judgment since the appeals arise from the judgment of the division bench of Delhi High court in CWP No. 4196 of 1983 dated-13/10/1993. The respondent-Delhi Judicial Service Association had filed the writ petition seeking for a writ or order or direction to the appellants to place the Delhi Higher Judicial Service personnel in the pay scale of Rs. 5,900-7,300 or to place the District and Sessions Judges in the pay scale of Rs. 7,300-7,600 and/or to grant the relief w.e.f. 1/1/1986. They also sought for special pay of Rs. 550.00 p.m. to all officers of Delhi Higher Judicial Service. The High court in the impugned order directed to refix the salary of the members of the Delhi Higher Judicial Service in the pay scale of Rs. 5,900-6,700 w.e.f. 1/1/1986 within a period of four months from the date of the judgment and direction to pay the arrears of salary and allowances thereon within a period of two months thereafter. Feeling aggrieved, the Union of India and the Delhi Administration have filed the appeals respectively. The crucial question that arises for decision is whether all the officers of the Delhi Higher Judicial Service are entitled to the pay scale of Rs. 5,900-6,700 as ordered by the High court? Admittedly, the Delhi Higher Judicial Service was constituted by Rules made by the Administrator in consultation with the High court of Delhi exercising the power under proviso to Article 309 of the Constitution
(2) RULE 18 of the Rules prescribes scale of pay in Part IV, Pay and Allowances which reads as under:
"18. The pay scale of the service shall be as follows:
(1 ) Time Scale Rs. 1,200-2,000
(2 Selection Grade Rs. 2,000-2,250
(3 Super-time Scale Rs. 2,500-2,750"
Rule 20 provides that "the pay of a promoted officer shall be fixed in the aforesaid Time Scale in accordance with the financial rules, regulations, orders or directions, applicable from time to time to the members of the IAS". Rule 21 provides the number of Selection Grade and Super-time Scale posts shall be as shown in the Schedule. The Schedule adumbrates one post of District and Sessions Judge, 43 posts of Additional District and Sessions Judges, 5 posts of Chief Metropolitan Magistrates, 5 posts of Additional Chief Metropolitan Magistrates and 10 deputation & leave reserve 10% each, total 60 posts.
TIME Scale posts 47 Selection Grade posts 12 Super-time Scale posts 1
(3) THE High court adopted the principle to consider the claims of the Additional District and Sessions Judges working in the Time Scale for the posts of Selection Grade that five candidates in the order of seniority would be considered for each post "on the basis of merit". Accordingly the Additional District and Sessions Judges working in Time Scale are being considered and given Selection Grade scale of pay on the principle of "seniority-cum-merit". From the correspondence placed before us, it would appear that the High court has been requesting the Union of India to grant revised Selection Grade pay scales to the officers working in the Time Scale also. After the Fourth Pay Commission, it would appear that Super-time Scale and Selection Grade posts have been fused and the District and Sessions Judge and the Additional District and Sessions Judges placed in the Selection Grade are being paid their salary in the pay scale of Rs. 5,900-6,700. Since the correspondence between the Ministry of Law and Justice and the High court did not yield to the result of awarding the Selection Grade Scale pay to all the Additional District and Sessions Judges and the Chief and Additional Metropolitan Magistrates, as mentioned in the Schedule, the above writ petition came to be filed and the High court found that since all the posts of Additional District and Sessions Judges, Chief and Additional Metropolitan Magistrates are inter-transferable posts and they discharging the same duties, are entitled to "equal pay for equal work
