The court affirmed that the State must respect and approve the Chief Justice's proposals for judiciary staff's financial grade upgrades unless strong reasons exist for refusal.

JUDGMENT :

N. NAGARESH, J.

1. The petitioners, who are members of the Kerala High Court service, working as Private Secretary to Judge, are before this Court seeking to declare that they are entitled for the additional grade of Private Secretary (Special Grade) to Judge in the scale of pay proposed and recommended by the Hon'ble Chief Justice under Article 229(2) of the Constitution of India as contained in Exts.P2 to P4 with arrears of salary. They are seeking sanction and creation of additional grade of Private Secretary (Special Grade) to Judge in the scale of pay of Rs. 107800-160000 in the ratio of 1:1:1 between Private Secretary to Judge, Private Secretary (Higher Grade) to Judge and Private Secretary (Special Grade) to Judge.

2. The petitioners state that they are working as Private Secretary (Higher Grade) to Judge and Private Secretary to Judge. The cadre strength of the post of Private Secretary to Judge is 47. Applying the current ratio of 1:3, there are 11 posts of Private Secretary (Higher Grade) to Judge and 36 posts of Private Secretary to Judge.

3. The Registry of the High Court, on 23.04.2021, wrote to the Additional Chief Secretary to Government of Kerala pointing out certain anomalies in implementing the 11^th Pay Revision and the requirement of upgradation of certain posts of Private Secretary to Judge as Private Secretary (Special Grade) to Judge.

4. On 03.04.2023, the Registry of the High Court furnished details of additional financial commitment for implementing the proposal of upgradation. Again, on 13.10.2023, a further communication was sent seeking implementation of the proposal. However, the 2^nd respondent issued Ext.P6 communication dated 02.05.2025 informing that the Anomaly Rectification Cell of the Finance Department with regard to the 11^th Pay Revision has stopped its functioning. The Registry of the High Court was directed to resubmit the proposal for consideration by the next Pay Revision Commission.

5. The petitioners state that Ext.P6 communication is illegal and vitiated by non-application of mind. The Government is dilly-dallying on the issue from the year 2021. After keeping the proposal of the Chief Justice for about four years in cold storage, Ext.P6 has been issued.

6. The Hon'ble Chief Justice recommended to upgrade certain posts of Private Secretary to Judge with the scale of pay of Rs. 107800-160000 with effect from 01.04.2021. The proposal made by the Hon'ble Chief Justice, as per Exts.P2 to P4, is ignored. In fact, Ext.P6 communication amounts to contempt of court, contend the petitioners.

7. The 3rdrespondent-Additional Chief Secretary filed counter affidavit. The 3rdrespondent stated that adequate promotional opportunities are available for the employees entering service as Confidential Assistant Grade-II. A person joining as Confidential Assistant will get almost five 28A fixations during service. Benefit of stagnation increment is also allowed.

8. For a candidate entering service as Confidential Assistant Grade-II, no additional qualifications are insisted for promotions. On the other hand, for other categories, even for the first promotion, additional qualifications are made mandatory. For promotion to the first gazetted post in the hierarchy of Assistants, Law Degree or Judicial Test (Higher) is also insisted.

9. The 3^rd respondent further submitted that if a Special Grade is granted above Private Secretary (Higher Grade) to Judge for enhancing promotional avenues, i