ORDER :

1. The Chief Justice of Rajasthan High Court found it necessary and appropriate to upgrade 16 posts of Private Secretaries as Senior Private Secretaries in the pay scale of Rs. 3450-5000/- with the special pay of Rs. 350/- from the pay scale of Rs. 2500-4250/-.

2. Presumably since the decision to upgrade was accompanied by a decision to grant a special pay of Rs. 350/- and to place the upgraded employees in a higher pay scale involved a financial implication, the Chief Justice wrote to the Government of Rajasthan for according sanction. This is in pursuance to the proviso to Article 229(2) of the Constitution of India which reads thus:

“229. Officers and servants and the expenses of High Courts:

(1) Appointments of officers and servants of a High Court shall be made by the Chief Justice of the Court or such other Judge or officer of the Court as he may direct:

Provided that the Governor of the State may by rule require that in such cases as may be specified in the rule no person not already attached to the Court shall be appointed to any office connected with the Court save after consultation with the State Public Service Commission.

(2) Subject to the provisions of any law made