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2022 Supreme(SC) 1569

D. Y. CHANDRACHUD, A. S. BOPANNA
State of Tripura – Appellant
Versus
High Court Employees Associaiton – Respondent


Advocates appeared:
Mr. Ranjit Kumar, Sr. Advocate, Mr. Shuvodeep Roy, Advocate, Mr. Kabir Shankar Bose, Advocate, Mr. Arnav Singh Deo, Advocate, For the Appellant.

ORDER

1. Writ Appeal No 171 of 2021, arising from a judgment dated 9 March 2021 of a Single Judge in Writ Petition (C) No 1741 of 2017 filed by the High Court Employees Association and others, is pending before the Division Bench of the High Court of Tripura. The Single Judge directed the Government of Tripura to extend the benefit of the Sixth Central Pay Commission to the employees of the High Court of Tripura as provided to the employees of the Subordinate Judiciary under an order dated 16 December 2017, invoking the doctrine of equal pay for equal work. The State was directed to implement the judgment within eight months subject to an undertaking of the employees that if the order is set aside by the superior Court, the employees of the High Court shall refund the entire amount so received to the State Government.

2. Mr Ranjit Kumar, Senior Counsel appearing on behalf of the petitioners, submits that the employees of the High Court are governed by Rules which are framed under Article 229 of the Constitution of India.

3. Rule 16 of the High Court of Tripura Services (Appointment, Conditions of Service and Conduct) Rules 2014 stipulates as follows :

    "16. Pay and allowances - (1) The

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