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THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM: NAGALAND:: MIZORAM AND ARUNACHAL PRADESH)
DEVASHIS BARUAH
Gauhati High Court (Principal Seat) Employees Association – Appellant
Versus
State of Assam – Respondent
| Table of Content |
|---|
| 1. constitutional provisions regarding salaries of high court employees. (Para 2 , 3) |
| 2. historical context and procedural history of pay revisions. (Para 4 , 5 , 6 , 7 , 8) |
| 3. arguments for judicial independence in determining pay scales. (Para 14 , 15 , 16) |
| 4. financial constraints should not impede judiciary's authority. (Para 17 , 18 , 30 , 31) |
| 5. need for judicial and executive collaboration on pay regulations. (Para 35 , 36) |
| 6. order to reconsider approval of draft rules. (Para 37) |
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.
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 determi....
The Chief Justice's recommendations for pay scales under Article 229 must be approved by the state unless there are strong reasons for refusal, emphasizing the principle of equal pay for equal work.
Article 229 (2) of Constitution of India nowhere prescribes or indicates any particular form in which rule should be framed nor does it prescribe any formality required to be gone through.
The Chief Justice has the discretion to appoint the Registrar (Establishment) from both the Principal Seat and Permanent Benches, as the Rules of 1967 do not restrict this.
Principal Seat Pay must be included in the calculation of basic pay for employees, ensuring equal treatment under Articles 14 and 16 of the Constitution.
Equal pay for equal work is mandated when the employer recognizes parity between roles, as upheld by constitutional provisions.
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