IN THE HIGH COURT OF JUDICATURE AT BOMBAY
S.C. DHARMADHIKARI, BHARATI H. DANGRE, JJ.
Association of Personal Assistants & Another – Petitioners
Versus
The State of Maharashtra & Others – Respondents
Writ Petition No. 2134 of 2014
Decided On : 31-01-2018
Service Rules of 2000 - Rule 13 - issuance of a writ of certiorari for quashing - impugned order - Respondent No- 1-Law and Judiciary Department Mantralaya Mumbai-32 and praying that Respondents be directed to refix pay of similarly situated Personal Secretaries working at Principal Seat of Bombay High Court including its benches by merging special pay of Rs-400/- into their pay from of their upgradation and to have refixed their pay notionally from on which they were promoted as “Private Secretaries” and benefit be conferred on them- On amendment Petitioners have also sought quashing and setting aside communication issued by Honble High Court thereby turning down representation preferred by Petitioners by Honble Administrative Judges Committee held on – Held, Applying aforesaid principle laid by Honble Apex Court we do not feel that members of Petitioner Association and Petitioner No-2 who was working as a Personal Secretary to Honble Judges and who were conferred with a special pay since 01/01/1986 in earlier pay revision can be deprived special pay which has become part of their pay on their up-gradation to post of Private Secretary in a higher pay scale of Rs-10000-325-15200/-- By applying principle as provided in Rule 11 (1) (a) sub Rule 2 (b) and (c) pay scale of members of petitioner association who are working as Personal Secretary who were upgraded to post of Private Secretary can be fixed by making them eligible to earn a pay at stage next below their pay in old post and differential amount would be carried by them as a personal pay- They would be entitled to continue to draw that pay until such time as they receive increment in time scale of new post or that of old post which ever is earlier - Writ Petition is allowed
Bharati H. Dangre, J.
1. The Petitioner No. 1, an Association of Personal Assistants, Private Secretaries and Senior Private Secretaries of the High Court of Bombay, and Petitioner No. 2, working as Senior Private Secretary to the Hon'ble Judge and Chairman of the Petitioner No.1-Association, have invoked the writ jurisdiction of this court, seeking issuance of a writ of certiorari for quashing and setting aside the impugned order dated 26.11.2013 passed by the Respondent No. 1-Law and Judiciary Department, Mantralaya, Mumbai-32 and praying that the Respondents be directed to refix the pay of the similarly situated Personal Secretaries working at the Principal Seat of the Bombay High Court, including its benches by merging the special pay of Rs.400/- into their pay from the date of their upgradation and to have refixed their pay notionally from the date on which they were promoted as “Private Secretaries” and the benefit be conferred on them. On amendment, the Petitioners have also sought quashing and setting aside the communication dated 25.03.2015 issued by the Hon'ble High Court, thereby turning down the representation preferred by the Petitioners, by the Hon'ble Administrative Judges Committee held on 17.03.2015.
2. For effective adjudication of the matter in hand, it would be appropriate to highlight certain undisputed facts. The Hon'ble the Chief Justice of the High Court of Judicature at Bombay, in exercise of powers conferred by Article 229 of the Constitution of India, has framed the Bombay High Court Appellate Side Service Rules of 2000, to regulate the conditions of service of the members working on the establishment of the Hon'ble High Court. The controversy in the present writ petition revolves around the posts of Personal Assistants/Personal Secretaries and Private Secretaries to the Hon'ble Judges. The Bombay High Court Appellate Side Rules 2000 provides for hierarchy amongst the said posts and prescribes the eligibility criteria to occupy the said posts. Rule 13 provides for appointment to the post of Private Secretary to the Hon'ble Judge and it reads as under:
“13. Private Secretary to the Hon'ble Judge – Appointment shall be by selection from amongst Personal Secretaries to the Honourable Judges who have served as Personal Secretaries for not less than 2 years.
Provided they hold a University Degree, Preference being given to holders of Degree in Law.
Rule 17 makes provision for appointment of Personal Secretary to the Honourable Judge, which reads as follows:
“17. Personal Secretary to the Honourable Judge – Appointment shall be by promotion on merit cum seniority from the Personal Assistants who have served as Personal Assistant for not less than three years.
Provided they hold a University Degree.
Rules 18 and 19 make a provision for appointment to the post of Personal Assistant to the Honourable Judge and Court Stenographer and the said Rules are reproduced below:
“18. Personal Assistant to the Honourable Judge – Appointment shall be on the basis of seniority cum suitability from amongst the Court Stenographers.
“19. Court Stenographer. – (a) Eligibility – The post shall be filled in from amongst the candidates who, –
(i) are not less than 21 y ears and not more than 35 years of age and
(ii) Possess University degree. However, this condition may be relaxed if the candidate is already working as Lower Grade Stenographer for not less than 10 years or Higher Grade Stenographer for not less than 8 years in the High Court or in any other Court or Tribunal or in the office of Advocate General or Government Pleader, Preference being given in to candidates possessing degree in law.
(iii) Possess at least speed of 120 w.p.m. In Shorthand and 50 w.p.m. in typing.
(b) Candidate shall be selected on the basis of examination in shorthand, typing and viva-voce.
(c) The Chief Justice may nominate a Judge of the High Court for supervising the process of selection of the candidates for being included in the Select List.
3. The
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