1984 Supreme(Raj) 512

RAJASTHAN HIGH COURT AT JAIPUR BENCH
K.S.Sidhu, J.
S.K. Ghosh - Appellant
Versus
State of Rajasthan and others - Respondent
S.B. Civil Writ Petitions No. 1565 to 1568 of 1983 and 7 other writ Petitions.
Decided On : 16-11-1984

The State Government's action in depriving the petitioners of parity in pay scales with private secretaries to Commissioners and Secretaries to the Government was arbitrary and discriminatory, and the petitioners were entitled to a writ of mandamus directing the Chief Justice and the State Government to equate them with private secretaries to the Commissioners and Secretaries to the Government of Rajasthan for the purpose of pay scales.

Headnote:

PRIVATE SECRETARIES - HIGH COURT - PAY SCALES - PARITY WITH PRIVATE SECRETARIES TO COMMISSIONERS AND SECRETARIES TO GOVERNMENT - ARBITRARY AND DISCRIMINATORY ACTION OF STATE GOVERNMENT - WRIT OF MANDAMUS ISSUED.

Fact of the Case:

The petitioners, private secretaries to the Chief Justice and judges of the Rajasthan High Court, filed writ petitions seeking a writ of mandamus directing the Chief Justice and the State Government to equate them with private secretaries to the Commissioners and Secretaries to the Government of Rajasthan for the purpose of pay scales. The petitioners contended that despite the fact that their duties and responsibilities were far more arduous and onerous in nature as compared to the private secretaries to Commissioners and Secretaries to the Government, the authorities acted in a manner that deprived them of the parity in pay scales, which existed between the two categories of private secretaries from 1950 to 1973.

Finding of the Court:

The court found that the State Government had acted arbitrarily and discriminatorily in ignoring the proposal of the Chief Justice to equate the pay scales of private secretaries to the Chief Justice and judges of the High Court with those of private secretaries to Commissioners and Secretaries to the Government. The court held that the State Government's refusal to approve the proposal was ultra vires, malafide, and arbitrary.

Issues: 1. Whether the State Government's action in depriving the petitioners of parity in pay scales with private secretaries to Commissioners and Secretaries to the Government was arbitrary and discriminatory? 2. Whether the petitioners were entitled to a writ of mandamus directing the Chief Justice and the State Government to equate them with private secretaries to the Commissioners and Secretaries to the Government of Rajasthan for the purpose of pay scales?

Ratio Decidendi: 1. The court held that the State Government's action in depriving the petitioners of parity in pay scales with private secretaries to Commissioners and Secretaries to the Government was arbitrary and discriminatory. The court found that the State Government had not provided any valid reason for the departure from the age-old principle of parity between the two categories of private secretaries. The court also found that the State Government had not filed any return or affidavit in answer to the writ petitions, which indicated that the State Government was deliberately trying to stonewall the proposal. 2. The court held that the petitioners were entitled to a writ of mandamus directing the Chief Justice and the State Government to equate them with private secretaries to the Commissioners and Secretaries to the Government of Rajasthan for the purpose of pay scales. The court found that the petitioners had a legitimate expectation of parity in pay scales with private secretaries to Commissioners and Secretaries to the Government, and that the State Government's refusal to approve the proposal of the Chief Justice was a violation of the petitioners' rights under Article 14 of the Constitution.

Final Decision: The court issued a writ of mandamus directing the respondents to amend the High Court Staff Rules, or otherwise make an executive order, so as to give effect to the following: a. A cadre of Private Secretaries to Chief Justice/Judges of the High Court consisting of posts, equal in number to the posts of Chief justice and judges of the High Court, carrying pay scale, allowances and status, at par with the pay-scale, allowances and status of Private Secretaries to Commissioners and Secretaries to Government, shall be constituted with effect from the commencement of the financial year following the year of institution of these writ petitions (i.e. with effect from April 1, 1984). b. An official who has actually worked as Personal Assistant-cum-Judgment Writer/Private Secretary to Chief Justice/Judges of the High Court in the pay-scale of 225-525, later revised to Rs. 550-1010 and still later revised to 740-1420, or on such a post, in a higher pay-scale, for a continuous period of at least 3 years shall be eligible for being appointed to a pest in the cadre constituted as per (a) above. c. Such posts of Private Secretaries to Chief justice and judges of the High Court, as may be in excess of the number of posts re-constituted into the new cadre as per (a) above, snail form a distinct cadre carrying a distinct designation, like Personal Assistants-cum--Judgment Writers, and enjoying the pay-scale, allowances and status at par with the Personal Assistants in the State Secretariat with effect from April 1, 1984. d. Not less than one third posts out of the posts as per (c) above, shall be given the pay-scale and status equal to the pay-scale and status of Senior Personal Assistants in the State Secretariat with effect from April 1, 1984. e. Appointments to various posts, as mentioned above and the dates of such appointment shall be determined by the Chief Justice in accordance with the rules framed by him or by his delegate under Article 229 of the Constitution and for the time being in force.