Ujjal Bhuyan, J.

1. Heard Mr. P. N. Goswami, learned counsel for the petitioners, Mr. D. Saikia, learned Advocate General, Assam assisted by Ms. Verma, learned Standing Counsel, Finance Department and Mr. S.K. Medhi, learned Standing Counsel, Gauhati High Court.

2. By filing this petition under Article 226 of the Constitution of India, petitioners seek a direction to the respondents to grant approval to the Gauhati High Court (Revised Pay) Rules, 2013 (Structure and Fixation), as framed by the Hon'ble Chief Justice in exercise of powers conferred under Article 229 of the Constitution of India.

3. Petitioner No. 1 is the Gauhati High Court (Principal Seat) Employees' Association and petitioner No. 2 is its General Secretary. Basic grievance of the petitioners relates to providing of higher and better pay and allowance to the officers and staff of the Gauhati High Court (Principal Seat) by granting approval to the Gauhati High Court (Revised Pay) Rules, 2013 (Structure and Fixation) (2013 Rules hereinafter).

4. This case was instituted in the year 2015 and was extensively heard at various stages. Before putting a final and formal closure to the proceeding, it would be useful to briefly recapitulate the facts and the progress of the case.

5. As a matter of fact, at the time of admission hearing, a detailed order was passed on 04.04.2016.

6. Matter relating to fixation of higher and better salary and improved service conditions of the employees of the Gauhati High Court (Principal Seat) had drawn the attention of various authorities since the year 2002. At one point of time, it was thought that pay and other service conditions of the officers and staff of the Gauhati High Court (Principal Seat) should also be brought within the ambit of the pay commission constituted by the Government of Assam for examination and recommendation of pay and other conditions of service of the State Government employees. However, Assam Pay Commission, 2008, in its report clarified that mandate of the pay commission did not extend to dealing with pay and allowances of the employees of the High Court. As a matter of fact, Rule 2(b)(vi) of the Assam Services (Revision of Pay) Rules, 2010, which was framed following acceptance of the recommendations of the Assam Pay Commission, 2008, specifically mentioned that the said Rules would not be applicable to the officers and staff of the Gauhati High Court.

7. In view of the above position, several representations came to be filed by the petitioners and others. In the light of the above, Registrar General, Gauhati High Court had suggested to the Legal Remembrancer and Secretary to the Government of Assam, Judicial Department on 19.02.2010 to move the State Government so that officers and staff of the Gauhati High Court (Principal Seat) received equivalent pay scales and other benefits as extended to the State Government employees under the Assam Services (Revision of Pay) Rules, 2010. In the course of hearing, Court was informed that approval was granted by the State Government to the above suggestion of the Registrar General and, as an interim measure, pay and allowances of the officers and staff of the Gauhati High Court (Principal Seat) are being paid as per the aforesaid Rules of 2010.

8. On the administrative side, a report was prepared by the Gauhati High Court suggesting better and higher pay and allowances for the officers and staff of the Gauhati High Court (Principal Seat), which was subsequently approved by a Committee of Judges.

9. In the meanwhile, in a related litigation relating to providing dress allowance, conveyance allowance, special pay etc. to certain categories of employees of the Agartala Bench of the Gauhati High Court, a Division Bench of this Court enlarged the scope of the litigation to bring within its ambit pay scales of the employees of the Gauhati High Court. It was suggested that service conditions of the employees of the Gauhati High Court being governed by Article 229