Private Secretaries attached to Judges of the Supreme Court are entitled to the higher pay-scale of Rs. 3000-4500 based on the 4th Pay Commission's recommendation, the principle of Equal Pay for Equal Work, and the nature of their duties.

( 1 ) THE petitioners before us are Private Secretaries who are attached to the Judges of this Court. The claim in this writ petition is that they should be placed in the pay-scale of Rs. 3000-4500 instead of the pay-scale of Rs. 2000-3500, which they are getting at present.

( 2 ) BRIEFLY stated, the facts are that prior to the 4th Pay Commission report, the petitioners were in the pay-scale of Rs. 775-1200. According to the provisions of the Delhi High Court (Staff Seniority) Rules, 1971, the posts of Private Secretary are being regarded as equal status posts with those of Superintendent and Court Master. There is a joint seniority list of all the three categories which is maintained. The next higher post to which all of them are eligible for being considered for selection is that of Assistant Registrar.

( 3 ) IN June, 1986, the 4th Pay Commission gave its recommendations. Two of the recommendation which are material are that Secretaries to the Government of India who were drawing a basic salary of Rs. 3500. 00 , were entitled to receive a basic salary of Rs. 8000. 00. Clause 9. 39 of the said Report further provided that in order to provide satisfactory promotional avenues for members of the C. S. S. S. (Central Secretariat Stenographers Service), the posts of Private Secretary to the Secretaries to the Government of India were to be upgraded and be given the scale of pay of Rs. 3000-4500. 00.

( 4 ) AFTER the recommendation of the 4th Pay Commission, the then Chief Justice of this Court, wrote to the Minister of Law and Justice, suggesting that for the officers in the pay-scale of Rs. 775-1200, including the Private Secretaries, the revised pay-scale should be Rs. 2300-3700. In the remarks column, it was stated that the Private Secretaries in the Supreme Court who were previously in the pay-scale of Rs. 775-1200, have been given the scale of Rs. 2300-3700 as per the recommendation of the 4th Pay Commission. It is for this reason that the High Court recommended the pay-scale of Rs. 2300- 3700. This scale of Rs. 2300-3700 was also recommended for the other equal status posts for the reason that the said posts were equal status posts.

( 5 ) THE Government, however, revised the pay-scale of the petitioners, Court Masters and Superintendents from Rs. 775-1200 to Rs. 2000-3500. The grievance of the petitioners in the present case is that the decision to restrict the revision of scale to Rs. 2000-3500 is contrary to the recommendation of the 4th Pay Commission.

( 6 ) IT is not in dispute that the Private Secretaries who are attached to the Secretaries to the Government of India have been placed in the pay-scale of Rs. 3000-4500. In the affidavit in reply filed on behalf of the Government of India, it is also admitted, and in our opinion, rightly so, that the averments of the petitioners that their duties involve higher integrity, confidentiality and efficiency as compared to the Private Secretary to the Secretary to the Government of India and Private Secretary to the Chief Secretary, Delhi Administration are strictly true. It is also admitted that each of the posts viz. , that of the Private Secretary to the Judge of this Court and the Private Secretary to the Secretary to the Government of India carries a lot of responsibility and efficiency. The only defence which seems to be put up by the respondents is that the scale of Rs. 3000-4500 is in fact the revised scale of the Assistant Registrar of this Court. The duties and responsibilities and the status of the post of Assistant Registrar are higher than those of the Private Secretary. Furthermore, it is represented by the respondents that according to the High Court rules, the Private Secretaries have been shown as holding equal status post with those of Court Master and the Suprintendent. It is, therefore, contended that the Private Secretaries cannot get a pay scale higher than those of the incumbents, who are holding equal status posts.

( 7 ) THERE is no doubt that