The pay scale of the petitioners, having been conclusively fixed at Rs. 400-600 by valid judicial pronouncements, the respondents were obliged to determine and fix the corresponding revised scale of the petitioners.

( 1 ) IN this writ petition, filed by the Restorers and Lower Division Clerks of this Court, the main prayer is that the respondents should be directed to fix the pay of the petitioners in the revised pay scale of Rs. l350-30-1440-40-1800-EB-50-2200 on the basis of the report given by the Fourth Central Pay Commission.

( 2 ) BERIFLY stated, the facts are that the petitioners were, prior to 1984 working as Restorers and LDCs. in the pay scale of Rs. 260-400 with effect from 1st January, 1973. One of the Restorers filed a writ petition in this Court being Civil Writ No. 1376/84 titled : Kamla Nand v. Union of India, in which it was inter alia contended that the pay-scale of the Restorers in the High Court of Punjab and Haryana and the High Court of Himachal Pradesh was Rs. 400-600. Seeking to invoke the principle of equal pay for equal work, Kamla Nand sought fixation of his pay in the said higher scale of Rs. 400-600. A Division Bench of this Court vide judgment dated 3rd February 1986 allowed his writ petition and directed that the pay of the Restorers be fixed in the pay-scale of Rs 400-600 with effect from 1st January 1978.

( 3 ) A question then arose as to what were the allowances which would be payable to the said Restorers. A miscellaneous application being C. M. No. 1480/86 was filed and vide order dated 23rd May 1986, it was directed that in addition to the pay-scale of Rs. 400-600 the restorers would be entitled to such allowances which weradmissible and payable in Union Territory of Delhi. The effect of this was that on the basis of the pay scale of Rs. 400-600, the Restorers started getting allowances which were payable to emplyoees working in Delhi. The Union of India accepted the correctness of these two orders and no appeal was filed against the Division Bench judgment dated 3rd February 1986 or. subsequent order dated 23rd May 1986 relating to the payment of allowances.

( 4 ) THE pay scale of the L. D. Cs. used to be the same as that of. the Restorers. When the pay of the Restorers was revised, by virtue of the judgment of this Court in Kamla Nand s case, the L. DCs. also sought similar relief by filing a writ petition being Civil Writ No. 1865/86 titled : S. K. Sachdeva and others v. Union of India and others. It was, inter alia, contended therein that the L. D. Cs. had equal status of pay and parity with the Restorers and, therefore, the scale of the L. D. Cs. should also be Rs. 400-600.

( 5 ) ANOTHER Division Bench of this Court allowed this writ petition vide its judgment dated 11th November 1986 and directed that the pay-scale of L. D. Cs. should be revised to Rs. 400-600.

( 6 ) THE Union of India thereafter filed a Special Leave Petition to the Supreme Court against the Division Bench Judgment of this Court in S. K. Sachdeva s case. In the Supreme Court it was, inter alia, contended that the pay-scales in the Punjab and Haryana High Court which was the basis for the decision of this Court in Kamla Nand s case was based on 1978 price index while the salary of the staff of this Court was based on the price index of 1973. It was also contended that the total emoluments of the Restorers working in Punjab and Haryana High Court at Chandigarh were less than the total emoluments of the Restorers working in this Court and the differences had arisen on account of higher dearness allowances, city compensatory allowance etc. being payable in Delhi. It was therefore, sought to be submitted before the Supreme Court that the decision of this Court in Kamla Nand s case and in S. K. Sachdeva s case were incorrect and the principle of equal pay for equal work did not really arise in these cases. The Supreme Court, however, vide its order dated 1st May 1987 dismissed the Special Leave Petition in limine.

( 7 ) THE effect of this was that the question of fixation of pay-scale so far as the Restorers and L. D. Cs. are concerned, in the scale of Rs. 400-600 stood finalised and concluded with the aforesaid order