U.P.SINGH, PALOK BASU, V.N.KHARE
C L AGRAWAL – Appellant
Versus
STATE OF U P – Respondent
The question which arises for consideration before this Full Bench is as to whether it is the Chief Justice of the High Court or the Governor of the State who is empowered to create post in the establishment of the High Court. This controversy has arisen in the context of the exercise of power by the Chief Justice of Allahabad High Court granting advance/ premature increment to the employees of the High Court. By the impugned letter dated 27-6 1992 which is Annexure 1 to the writ petition, the Joint Secretary, Government of U. P. has questioned the power of the Chief Justice of the High Court to grant advance/premature increments to the officers and servants of the High Court on the premise that since it is the Governor of the State who creates posts in the establishment of the High Court under Article 229 of the Constitution and as such the Chief Justice of the High Court is not empowered to grant advance/premature increment to the employees of the High Court under Rule 27 of the Financial Hand Book Vol. II, Parts II to IV which is extracted below :
"27. An authority may grant a premature increment to a Govern ment servant on a time-scale of pay if it has power to c
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