( 1 ) IN this Intra Court Appeals, we are concerned with the decision rendered by the Learned Single Judge (Our Esteemed Brother M. R. Calla, J) in Special Civil application No. 3601 of 1994 with Special Civil Application 12921 of 1994, decided on 9th. /10th. March 1995.

( 2 ) THE said Special Civil Applications came to be allowed with the directions as under: (I) The Chief Justice may consider the anomaly in the matters of pay scales of the Private Secretaries to the High Court Judges and the private Secretaries attached to the officers drawing pay at Rs. 8000/- in the Government Secretariat and keeping in view the observations made hereinabove, may consider as to what pay scales should be prescribed for the holders of the posts of Private Secretaties to the high Court Judges. (II) In case the Chief Justice decides and prescribes that the pay scale of the Private Secretaries to the High Court Judges should be the pay scale of Rs. 3000-4500 such pay scale shall be given to all the Private secretaries to the Judges of the High Court as decided by the Chief justice in accordance with the provisions of Article 229 (2) of the constitution of India and in accordance with the rules made by the chief Justice in this behalf.

( 3 ) IN our opinion, the fate of the present proceedings before us, hinges on the answer which can legally be provided to the question which may be formulated thus : whether all the Private Secretaries attached to the Honble Judges of this Court (who undisputedly draw the basic salary of Rs. 8000/-) for the purpose of emoluments, can be or should be equated with those Private Secretaries attached to the Secretaries of the State Secretariat, drawing the basic salary of Rs. 8000/- per month (or less than that in some of the cases), though said to be falling within 10 % limit of the cadre strength and said to be promoted after a service span of 15 years, as the Anti Stagnation Measure ? in Other Words can the Private Secretaries, attached to the Honble Judges of this Court, be precluded from claiming and receiving the benefits of the accepted principle of-Equal Pay for Equal Work-on the basis of De Jure inequality arising out of 10 % and 15 years criteria, ignoring the principle of De Facto Equality ?

( 4 ) THE petitioners in both the petitions were and are working as the Private secretaries to the Honble Judges of the High Court of Judicature of Gujarat at ahmedabad. They seek and claim parity in the matter of pay scales and all other emoluments with the Private Secretaries working with the Secretaries to the Government of Gujarat, who draw the basic salary in sum of Rs. 8000-00, excepting in a few cases.

( 5 ) THE petitioners have said in these petitions that, they are English Stenographers, grade-I (Class-II) and except the petitioner no. 3 in Special Civil Aplication No. 12921 of 1994, all the petitioners are working as such from different dates commencing from october 16,1982.

( 6 ) THE case of the petitioners is that, the 4th Central Pay Commission came to be constituted on 1st. September 1983 to examine the then existing structure of emoluments and conditions of service, available to the Central Government Employees, Industrial and non-Industrial along with the personnel belonging to the All India Services, the Armed forces and of the Union Territories. It was the arena of the inquiry and suggestions of the said Pay Commission to recommend and suggest the desirable and feasible changes. According to the Petitioners, the Central Government is organised into different ministries and Departments each having a Secretariat. Secretariat posts are being manned by Officers from All India Services, Group A Central Services on Deputation and by the members of the Central Secretariat Services (CSS ). The CSS was known by three branch services, namely (a) Central Secretariat Services (CSS), (b) Central Secretariat stenographers Services (CSSS), and (c) Central Secretariat Clerical Services (CSCS ). Prior to