The Chief Justice has exclusive authority to set pay and service conditions for court employees under Article 229(2), and financial constraints cannot justify the refusal of approval for such determinations.

Heard Mr. KN Choudhury, the learned Senior Counsel assisted by Mr. J Patowary, the learned counsel appearing on behalf of the petitioners. Mr. TR Gogoi, the learned Government Advocate, Assam, who appears on behalf of the respondent Nos.1 and 4, Mr. B Gogoi, the learned Standing Counsel, Finance Department, who appears on behalf of the respondent Nos.2 and 3 and Mr. TJ Mahanta, the learned Senior Counsel as well as the learned Standing Counsel for the Gauhati High Court (Principal Seat) assisted by Mr. PP Dutta, the learned counsel, who appears on behalf of the respondent No.5.

2. The present writ petition has been filed challenging the speaking order No.FTC.8/2007/PT/196 dated 03.08.2022 whereby the approval sought under the proviso to Article 229 of the Constitution in respect of the Gauhati High Court (Revised Pay) Rules 2013, (Structure and Fixation) (for short, ‘the Draft Rules of 2013’) as amended in 2021 was declined on the ground of financial crunch of the Government. The petitioner Association further seeks for a writ in the nature of mandamus directing the State to hold discussion with the competent authority in the matter and thereafter grant approval to the Draft Rules of 2013.

PRELUDE

3. The facts leading to the filing of the writ petition are narrated herein infra:

(a). In the resolution adopted in the Chief Justice Conference held on the 13th, 14th and 15th September 2002, it was inter alia, resolved on the aspect pertaining to the representation of the High Court Employees’ Federation dated 30.01.2001 addressed to the Hon’ble Chief Justice of India regarding uniformity in Pay Structure, Recruitment Rules and Nomenclature of the High Court Employees throughout India that the said aspect be taken up by the respective Chief Justices of the High Court with the State Government.

(b). Consequent thereupon, on 18.09.2003, the Hon’ble Chief Justice of this Court constituted a Committee comprising of Hon’ble Mr. Justice PG Agarwal (as His Lordship then was) and Hon’ble Mr. Justice Ranjan Gogoi (as His Lordship then was) to consider issues relating to uniform, better and higher pay scales for the employees of the Gauhati High Court (Principal Seat) as well as the Outlying Benches. The said Committee submitted its report in the year 2006 with several recommendations. The report was accepted by the Hon'ble Chief Justice and directed the Registry of this Court to move the Government for acceptance and implementation. The Registrar General vide letter dated 15.02.2007 forwarded the said report to all concerned in the Government.

(c). On 19.03.2007, the LR & Secretary to the Government of Assam forwarded the said report to the Finance Department. On a query being made by the Finance Department, on 31.05.2007, a request was made to the respondent No.5 i.e the Registrar General of this Court to indicate about the financial implication/budgetary provisions as would be required for the proposed revision of the pay. The query so made was replied by the Registry of this Court vide the communication dated 03.10.2007, wherein it was mentioned that the additional amount required for implementation of the proposed pay scale per annum would be Rs.3,77,94,673/-.

(d). On 12.08.2008, the Finance Department requested the Judicial Department of the Government of Assam to place the matter before the Assam Pay Commission 2008 in respect of the pay scales and other benefits to the employees of the Principal Seat of this Court. Consequently, the Judicial