The main legal point established in the judgment is that the Hon'ble Chief Justice has the sole prerogative of fixing the pay-scales and salaries of the employees of the High Court, and it is not open for the State Government to brush aside the directions given by the Hon'ble Chief Justice under Article 229 of the Constitution of India.

V.M. Kanade, J.

1. By this Petition which is filed under Article 226 of the Constitution of India, Petitioners are seeking an appropriate writ, order and direction, directing Respondents to implement the Shetty Commission Recommendation contained in its Report dated 11/11/1999 and also to implement the directions which were given by Hon'ble Chief Justice dated 11/11/2003 in exercise of the powers vested in him under Article 229 of the Constitution of India.

2. Brief facts which are necessary for the purpose of deciding this Petition are as under:-

3. The Central Government constituted the First National Judicial Pay Commission under the Chairmanship of Hon'ble Mr. Justice K. Jagannath Shetty, popularly called “the Shetty Commission” on 21/04/1996. On 11/11/1999, the Shetty Commission submitted its Report making recommendations for revision of pay-scales of Judicial officers. On 21/03/2002, the Apex Court vide its judgment and order accepted the recommendations of the Shetty Commission with certain modifications and further gave directions for payment of higher pay-scales and allowances to the Judicial Officers. The Supreme Court also gave directions to all States and the Union of India to make necessary budgetary provision in their respective budgets for the implementation of the higher pay-scales and dearness allowance to the Officers of the subordinate judiciary. Accordingly, State of Maharashtra implemented recommendations of the Shetty Commission.

4. So far as the Bombay High Court is concerned, it also has an Original Side. The Officers appointed on the Original Side and on the Appellate Side till the implementation of the recommendations of Shetty Commission were getting the same pay-scales. However, since the implementation of the Shetty Commission recommendation is available only to Judicial Officers, the Officers who are working on the Original Side are not getting benefits of these recommendations and, as a result, an anomaly is created whereby the Officers working on the Appellate Side of the High Court and those working as Judicial Officers in subordinate judiciary received higher pay and, therefore, situation of disparity in the pay-scales of Officers on the Original Side and Officers on the Appellate Side existed, after implementation of the recommendations of Shetty Commission from 04/07/2003.

5. As a result of anomaly which is created in view of implementation of the Shetty Commission's recommendations, a representation was made by the Officers on the Original Side of the Bombay High Court to the Hon'ble Chief Justice on 04/11/2003, seeking parity in revision of pay-scales. It was urged in the said representation that revision of pay-scales should also be extended to the Officers working on the Original Side of the High Court. The said representation was approved by the then learned Chief Justice Mr. Justice C.K. Thakkar who also directed the High Court to move Respondent No.1 for according administrative approval and sanction of necessary funds to meet the contingent requirements. In view of the directions given by the Hon'ble Chief Justice, a letter was written by the Prothonotary & Senior Master, High Court (Original Side), Bombay on 7/11/2003 to Respondent No.3. However, Respondent No.3 neither gave any reply nor took any action on the said directions given by the Hon'ble Chief Justice in exercise of powers vested in him under Article 229 of the Constitution of India. On 26/02/2004, a reminder was sent to Respondent No.3. On 21/06/2005, Respondent No.1 gave reply, stating therein that Finance Department has not approved the representation, stating as under:-

“Shetty Commission has made recommendations to give revised pay scale specifically to the officers in the judicial services of the subordinate courts only. Basically, the duties of the Judges are of a specific nature. Hence, they should be given different pay scale than other administrative officers, with this purpose only, the judicial Pay Co