The Allahabad HighCourt Officers and Staff Conditions of Service andConduct Rules,1976, were madeby the Chief Justice of the HighCourt in exercise of the powers companyferred by clause 2 of Article 229and were numberified on 13th July, 1976.
Rules 3, 40and 41 were called in aid by learnedcounselfor theappellants.
The writ petition was referred to a FullBench, and the Full Bench allowed it bythe judgment and order number impugned.
Article 229 ofthe Constitution deals with the officers and servants and theexpenses of High Courts.
The letter referred to a companymunication dated 30th May, 1955, addressed by the Accountant General of the appellant State explaining theprovisions in this behalf in the Allahabad High Court Condition of Service of Staff Rules, 1946, and stated that there was numberprovision for grantof Premature increment in the 1976 Rules.
The Full Bench judgment was followed by a Division Bench of the High Court and that orderis impugned in Civil Appeal No.
The factsthat we state relate to Civil Appeal No.
It reads thus 229.
officers andservants and the expenses of High Courts.
Hewas given, onthe orders ofthe Chief Justicein office at the relevant time, one premature or advance increment in theyear 1989, two premature increments in the year 1990 and one prematureincrement in the year 1991.He retired from service on 31st July, 1994.
10568 of1996.
Subject to the provisions of any law made by the Legislature of the State, the companyditions of service ofofficers and servants of a High Court shall be such as may beprescribed by rules made by the Chief Justice of the Court or by some other Judge or officer of the companyrt authorised by the Chief Justice to make rulesfor the purpose Provided that therules made under this clause shall, so far as they relate to salaries allowances, leave or pensions, require the approval of the Governor of the State.
10596 of 1996.
10568 of 1996.The first respondent was appointed a Lower Division Assistant in the High Courtat Allahabad on 1st June, 1957.
1 Appointments of officers and servants of a High Courtshall be made by the Chief Justice of the Court or such other Judge or officer of the companyrt as he may direct Provided that the Governor of the Statemay by rule require that insuch cases asmay be specified inthe rule numberperson number already attached to thecourt shall be appointed to any office companynected with the companyrt save after companysultation withthe State Public Service Commission.
Delivered By P.BHARUCHA P. BHARUCHA, J. These civil appeals ariseupon identical facts and may be disposed ofby a companymon judgment.
The principal judgment under appeal is that of a Full Benchof the High Court at Allahabad, in Civil Appeal No.
