JUDGMENT

R.V. Raveendran, J.—The Government of West Bengal appointed the Fourth Pay Commission in the year 1995. With the concurrence of the High Court, the State Government included the Calcutta High Court employees in the reference. Subsequently, on the representation of the employees of the Calcutta High Court, the Chief Justice of the High Court appointed a Three Judges Committee to examine the feasibility of making pay rules for them in exercise of powers under Article 229 of the Constitution of India. After examining the said committee’s report, the Full Court resolved to constitute a Committee of five-Judges to advise the Chief Justice in framing the relevant rules. The five-Judge Committee examined the matter in detail and made two sets of draft Rules - the Calcutta High Court Services (Conditions of Service & Recruitment) Rules, 1998 and the Calcutta High Court Services (Revision of Pay & Allowances) Rules, 1998. The Chief Justice approved the said two sets of Rules (for short the ‘draft Service Rules’ and ‘draft Pay Rules’) and sent them to the State Government for approval of the Governor under the proviso to Article 229(2).

2. The State Government sent a reply dated 21.1