Amitava Roy, J.

1. Being unsuccessful in eliciting a decisive judicial verdict on their challenge to the vires of the retrospective amendments to the Gauhati High Court Services (Appointment, Condition of Services and Conduct) Rules, 1967 (hereinafter referred to as the 'Rules'), upgrading the post of Secretary to the Hon'ble the Chief Justice from Class II (D) to Class II (A), the Appellants have carried the assailment in this appeal. The learned Single Judge for the reasons recorded in the decision impugned before us, directed the issue to be placed before the Hon'ble Chief Justice on the administrative side. Though by the judgment and order two writ petitions being W.R (C) No. 7509/02 by the Appellants and W.P. (C) No. 6522/02 by the Respondent No. 4, had been disposed of, no appeal has arisen against the determination in W.P. (C) No. 6522/02. The Appellant No. 1 is an association of employees of the Principal Seat of the Gauhati High Court.

2. We have heard Mr. G.K. Bhattacharjee, Senior Advocate for the Appellants, Mr. B.C. Das Senior Advocate, Standing Counsel for the Gauhati High Court and Mr. A.K. Goswami, Senior Advocate for the Respondent No. 4.

3. Before adverting to the rival assertions, some admitted facts would be handy. The conditions of service and the conduct of the persons borne on the establishment of the Gauhati High Court hereinafter also referred to as the 'High Court'), are governed by the Rules. Thereunder, the post of Deputy Registrar is included in Class II of the Service and that of the Assistant Registrar in Class II(A). Before the impugned amendment in the year 2001, precisely, on 30.05.2001, the post of Secretary to the Hon'ble the Chief Justice was included in Class II(D). The pay scale of the Assistant Registrar was higher than that of the Secretary to the Hon'ble Chief Justice. By a notification No. JDJ. 199/98/8, dated 07.11.1998, issued by the Govt. of Assam in the Judicial Department, revision of pay scales of the officers and staff of the Registry of this High Court, was effected from 01.01.1998. Whereas, the revised pay scale of the post of the Assistant Registrar in Class II(A) was sanctioned to be Rs. 8100-13,025/-, plus special pay of Rs. 3000/- per month that of the Secretary to the Hon'ble Chief Justice in Class II(D) became Rs. 4390-11,425.00.

4. The Respondent No. 4, was initially appointed as a Lower Division Clerk in the Mizoram Bench of this High Court on 01.09.1990 and was thereafter promoted temporarily to the post of Upper Division Clerk on 03.03.1992 in the Aizawl Bench of this High Court. He on 25.01.1992 submitted a representation to be transferred to the Principal Seat at Guwahati, whereafter, by order dated 23.06.1992 of the Registrar (Judicial), he was brought as the junior most Lower Division Assistant in the Principal Seat at Guwahati with the stipulation that he would not be entitled to seniority and other benefits over the existing LD Assistants in the Registry at Guwahati. He accordingly, joined at the Principal Seat as a Lower Division Assistant on 09.07.1992. While, serving as such in this Registry, he applied for and was eventually appointed as Secretary to the Hon'ble Chief Justice in the then pay scale of Rs. 1835-4325/- per month by notification No. HCV/42/47/2522/ Est. dated 16.12.1997. His pay scale at that point of time, was lower than that of the Superintendent in Class II(C) i.e. Rs. 2215-4075. After the revision of pay with effect from 01.01.1996, noticed hereinabove, the Respondent No. 4 on 06.04.1999 submitted a representation before the Registrar General of this Court at Gauhati, claiming the pay scale of Rs. 8100-13,025/-, as that of the Librarian-cum-Research Officer, as well as upgradation of the status of the post of Secretary to the Hon'ble Chief Justice appropriately. The Registrar General of this Court having taken up the issue with the Judicial Department of the State, by a notification dated 05.06.1999 of the Deputy Secretary of the said