IMPORTANT POINT
The Chief Justice's recommendations for pay scales under Article 229 must be approved by the state unless there are strong reasons for refusal, emphasizing the principle of equal pay for equal work.

JUDGMENT :

M.S. KARNIK, J.

1. Heard Mr. Lawande, learned Counsel appearing for the petitioners in Writ Petition no. 186 of 2023, Mr. Zaveri, learned Counsel appearing for the petitioners in Writ Petition No. 409 of 2023, Mr. Pangam, learned Advocate General appearing for the Respondent nos. 1 and 2 and Ms. Shirodkar, learned Counsel appearing for the High Court of Bombay.

2. The issue involved in both the Writ Petitions is common and hence heard and disposed by a common order.

3. The petitioners in Writ Petition No. 409 of 2023 are the Section Officers. The petitioners in Writ Petition no. 186 of 2023 are Group ‘A’ employees attached to the High Court of Bombay at Goa.

4. We refer to the facts in Writ Petition no. 186 of 2023. The petitioner no. 1 is presently working as Senior Private Secretary to the Hon’ble Judge of the High Court; the petitioner nos. 2, 3 and 4 are working as Private Secretaries to the Hon’ble Judges. Likewise, petitioner nos. 5, 6, 7 and 8 are presently working as Personal Assistants to the Hon’ble Judges, of High Court of Bombay at Goa. Respondent no. 1 is the State of Goa. Respondent no. 3 is the High Court of Bombay.

5. The petition is filed with a grievance as regards denial of the benefits/extension of the upgraded pay scales notified vide Notification bearing Ref. No. Rule/B-1509/2022 dated 14th June, 2022, issued by the respondent no. 3 to the Secretarial Staff of the High Court of Bombay, which includes these petitioners. The petitioners are aggrieved by the non-consideration/delay on the part of the State of Goa to consider the proposal dated 25.08.2022 of the respondent no. 4-Registrar (Admin) in the matter of upgradation of the pay scales of the Secretarial Staff of the High Court of Bombay at Goa. The petitioners as well as their counterparts i.e. Secretarial Staff, Group ‘A’ employees of the High Court of Bombay at its Principal seat and its Benches at Nagpur and Aurangabad are appointed under the Appellate Side Service Rules, (Rules of 2000, for short), having the same identity who also perform equal identical works/duties/job/responsibilities, etc.

6. The respondent no. 3 by Notification dated 14.06.2022, amended the Rules of 2000 thereby upgrading the pay scales of the Secretarial Cadre i.e. Secretary to the Hon’ble Chief Justice, Private Secretary to the Hon’ble Chief Justice and other Hon’ble Judges, Senior Private Secretary and the Personal Assistants of the Hon’ble Judges in terms of the Schedule-I appended to the said Notification dated 14.06.2022. A perusal of the Notification dated 14.06.2022 would indicate that the proposed amendment intended to insert Rule 3(b)(ii) and Rule 3(b)(iii) after the existing Rule 3(b)(i) of the Rules of 2000. After the amendment of the said Rules of 2000, the petitioners had been legitimately/bonafidely expecting revision of their pay scales in terms of the said amendment. According to the petitioners, it was incumbent upon the State of Goa to implement/execute the said amendment in terms of the law and to consequently make the petitioners and other employees belonging to the Group ‘A’ eligible to the revised/upgraded pay scales.

7. Prior to the liberation of Goa, Daman and Diu, the highest Court of the then Union Territory was ‘The Tribunal de Relecao’ functioning at Panaji. This Tribunal de Relacao was abolished when a Court of Judicial Commissioner was established w.e.f. 16.12.1963 under the Goa Daman and Diu (Judicial Commissioner Court) Regulation 1963. On 16.05.1964, by repealing Section 7 of the Goa, Daman & Diu (Administration) Act, 1962, the Goa Daman and Diu, Judicial Commissioner’s Court (Declaration as High Court) Act, 1964, was passed by the Parliament which conferred upon the declared Court of Judicial Commissioner as “High Court” vesting in it some powers of the High Court for the purposes of Article 132/134 of the Constitution of India. In terms of Articles 230 and 231 of the Constitution of India, the Parliament enacted the High Court at Bombay