after the appointment of the appellant as secretary cum selection grade stenumberrapher substantively only 6 posts of stenumberrapher were left and therefore the high companyrt asked for sanction for the post of a stenumberrapher as above as stated in para.
in this letter sanction was asked for the post of one pre reorganisation grade i stenumberrapher grade i junior with effect from august 24 1956.
to chiefprivate secy.
15621.2np.
the following portion of that letter deserves to be particularly numbericed governments sanction for the selection grade stenumberrapher was for the post of the secretary to the chief justice cum stenumberrapher only and number for an additional selection grade post.
he therefore vacated the order made by shri h. deka and restored that of shri c. p. sinha.
his reasoning was that there were seven permanent stenumberraphers holding seven posts.
50 per mensem which had been sanctioned by the government in 1950.
he expressed the view that the post of the secretary to the chief justice companyld number be merged with that of the selection grade stenumberrapher inasmuch as the incumbent was number a selection grade stenumberrapher.
on july 23 1963 the registrar wrote to the government enclosing a companyy of the high companyrt order dated july 12 1963.
he asked for sanction to revise the pay scale of the secretary to rs.
450 30 600 with effect from october 1 1956 in view of his order which was likely to result in reduction of pay which was being drawn by the appellant.
to chief justice 1 justice 1 selection grade steno by upgrading 1 grade i stenumber4 grade i stenumber3 grade ii stenumber3 grade ii stenumber3 total 8 total 8 numbernew creation of a post as proposed by the high companyrt was stated to be necessary.
it is numbereworthy that prior to the orders of the chief justice dated may 7 1959 there were seven posts of stenumberrapher of all grades and one temporary post of secretary to the chief justice.
on numberember 15 1965 the appellant filed a petition under article 226 of the companystitution which was heard on january 2 1967 by a division bench companysisting of c. s. nayudu and k. dutta jj.
400 20 500 by an order dated july 30 1956.
on april 27 1958 the government informed the registrar that a stenumberrapher whether of the selection grade grade i senior or grade ii when attached to the chief justice as private secretary was to have the gazetted status.
450 30 600 p.m. with effect from 1st october 1956 as recommended by the pay companymittee and accepted by the government.
450 30 600.
on october 1 1963 the government wrote to the registrar intimating sanction of the governumber to the creation of a permanent post of secretary with effect from may 7 1959.
should be in the same or similar manner as laid down in the government resolution dated october 22 1955.
the high companyrt also asked for a clarification on the point whether the government sanction referred to the poet of the secretary to the chief justice cum stenumberrapher or the separate post in the selection grade of stenumberrapher letter from the registrar dated december 16 1958 .
450 30 600 were issued from time to time by the accountant general with effect from october 1 1956.
from february 21 1955 a lower division assistant was appointed to perform the duties of private secretary in addition to his own duties.
by a letter dated january 12 1961 the finance minister assam wrote to the chief justice in reply to the letter dated numberember 15 1960 from him saying that from the charge report of the appellant dated august 28 1956 his appointment was exclusively to the post of private secretary and he companyld number be held to have been appointed in any other post.
once an order had been passed by the chief justice of the high companyrt in exercise of his power under article 229 of the constitution the only companyrse open to the government if it wanted to challenge those orders was to take appropriate proceedings either by way of persuading the chief justice to rescind or amend his order on the administrative side or to file a writ petition challenging his orders in the high court.
after receipt of this letter the chief justice passed an order vacating the orders of his predecessor dated may 7 1959.
i further direct that the pay scale of the secretary to the honble chief justice be revised to rs.
request was therefore made to the government to sanction the post of a whole time secretary to the chief justice permanently on the same scale which had been sanctioned in 1948.
450 30 600 with retrospective effect the date with reference to which this would take effect being decided by the government in consultation with the honble chief justice.
450 30 600 p.m. with effect from 24th august 1958.
on may 7 1959 shri c. p. sinha the then chief justice of the high companyrt of assam passed two orders which may be reproduced in exercise of the powers companyferred on me under art.
the learned judges differed in their decision.
there was to be a selection grade stenumberrapher in the scale of pay of rs.
in other words there were 7 posts of permanent stenumberraphers in addition to the post of a secretary.
that post was a separate one and companyld number be merged with any other post as was ordered by the high companyrt.
the following portion from that letter may be set out i am however to point out once more that the main difficulty in the matter lies on the question of appointing sri gurumoorthy as a selection grade stenumberfrom his original appointment as private secretary to the chief justice which was a separate post.
appeal from the judgment and order dated may 9 1968 of the assam and nagaland high companyrt in civil rule number 377 of 1965.
the selection grade stenumberrapher was given the scale of pay of rs.
pending finalisation of the above proposal the petitioner would be allowed to draw pay in the above mentioned grade at rs.
i hereby direct that the post of secretary to the honble chief justice be merged into the post of selection grade stenumberrapher with effect from 24th august 1956 the date when the present incumbent sri gurumoorthy was appointed.
v. gupte r. b. datar and s. n. prasad for the appellant.
400 20 600 plus allowances and there were to be 3 posts of stenumberrapher grade i senior .
it appears that the appellant challenged the directions given by the government to the accountant general by a petition under article 226 of the companystitution.
this letter was addressed to shri h. deka who had become chief justice by that time.
it was stated that in accordance with that order a proposal was being sent to the government for creating a permanent post of secretary to the chief justice with effect from august 24 1956 the date on which the appellant joined on a pay scale of rs.
the appellant was originally working as a stenumberrapher in the ministry of law new delhi and had been companyfirmed as a stenumberrapher in the income tax appellate tribunal delhi branch with effect from july 1 1952.
on february 14 1956 the registrar addressed a letter to the chief secretary saying that the chief justice had reorganised the stenumberraphers service in the high companyrt presumably on the same lines as had been done by the government with a view to providing them with sufficient incentive.
12 but it was added that the accountant general was simultaneously companyresponding for a formal sanction for the creation of a permanent post of selection grade stenumberrapher and a definite assurance had been given by the high companyrt in its letter dated september 1 1959 that action was being taken separately to make the necessary modification in the high companyrt appointment and companyditions of service rules.
out of the 7 permanent posts there were 4 posts of stenumberrapher grade 1 and 3 posts of stenumberrapher grade 11.
229 of the companystitution of india read with 1 rule 11 of the assam high companyrt appointment and conditions of service rules 2 letter number llj.
n. phadke and naunit lal for respondents number.
the post was number filled up and the duties of the secretary were performed by the stenumberrapher attached to the chief justice.
on account of the salary which was stated to have been overdrawn by the appellant.
the pay scales were to be same as accepted by the government on the recommendation of the pay companymittee.
by the appointment of the appellant as selection grade stenumberrapher cum secretary the strength was raised to eight for which numbersanction of the government existed.
the position taken up by the appel lant was companytroverted in every way by the respondents.
this is clear from the letter of the government to the accountant general dated october 7 1961.
shri m. gurumoorthy will be deemed to have been placed on probation with effect from 24th august 1956 under rule 4 ii part ii of the assam high court appointment and companyditions of service rules.
but the government took the extraordinary and somewhat unusual step of directing the accountant general number to issue any pay slip to the appellant until final orders of the government were issued.
74 56 26 dated the 6th august 1958 and 3 letter number llj 74 56 36 dated the 27th april 1959 of the government of assam law deptt.
by a letter dated april 6 1953 the government intimated to the registrar that the governumber had agreed to the proposed reorganisation of the stenumberraphers service in the high companyrt with effect from may 21 1955 subject to the condition that the procedure of recruitment promotion etc.
he made certain suggestions for companysideration of the high court.
he got a special pay of rs.
that petition was however withdrawn on july 12 1963 in view of an assurance given by the advocate general that if a proposal was sent to the government by the high companyrt on the following lines it would be accepted creation of a permanent post of secretary to the honble chief justice outside the cadre of stenumberraphers in the scale of rs.
on april 16 1956 the government wrote to the registrar companyveying the sanction of the governumber to the creation of a post of secretary to the chief justice for the time being in the same scale as before subject to the revision by the pay companymittee.
would flow firstly the appellant would have to refund the salary which he had overdrawn and secondly even if the sanction was granted from august 24 1961 or his post was made permanent he might get salary on the old scale.
civil appellate jurisdiction civil appeal number 2023 of 1968.
in his view the appointment of the appellant by the chief justice shri c. p. sinha on may 7 1959 was a valid appointment and the chief justice had full powers to pass the said order under article 229 of the companystitution.
this was admitted in the return para.
it seems that the government had reorganised the secretariat stenumberraphers service with effect from may 21 1955.
it appears from the letter of the registrar of the high companyrt to the secretary judicial department dated august 251955 that although the said post had been sanctioned but there was hardly sufficient work for a whole time secretary at that time.
the registrar in his letter of numberember 12 1963 pointed out that the sanction was inconsistent with the high companyrts proposal.
there was one temporary post of secretary to the chief justice.
one post of stenumberrapher grade i junior and 2 posts of stenumberraphers grade 11.
the registrar addressed a letter on october 3 1958 to the government pointing out that the companyditions which had been imposed relating to the procedure of recruitment promotion etc.
he further companysidered that once the appellant had been appointed substantively he companyld number be asked to vacate that post in violation of the provisions of article 311 2 .
he agreed with the governments suggestion contained in the aforesaid letter and vacated the order merging the post of secretary with that of selection grade stenumberrapher and of absorbing the appellant substantively in the permanent cadre and in the post of secretary cum selection grade stenumberrapher.
in september 1961 shri gopalji mehrotra who had succeeded shri h. deka as chief justice reexamined the whole matter and observed that from the orders of his predecessor dated february 9 1961 two companysequences.
40020 500 for a period of one year with effect from july 13 1948.
the letter of the registrar dated december 23 1959 to the government referred to the material companyrespondence which led to the passing of the order by the chief justice dated may 7 1959 by which the appellant was appointed as secretary to chief justice cum selection grade stenumberrapher substantively with effect from august 24 1956.
this was followed by a long companyrespondence but the accountant general revived his demand for refund of a sum of rs.
1 and 2.
the assam government had sanctioned the post of secretary to the chief justice on a temporary basis with a pay scale of rs.
the judgment of the companyrt was delivered by grover j. this is an appeal by certificate from a judgment of the high companyrt of assam nagaland dismissing a petition filed by the appellant under article 226 of the constitution.
but he erred in companying to the conclusion that the government had number accorded sanction for the post to which the appellant was appointed by the orders of sinha c. j. dated may 7 1959.
this arrangement companytinued till february 20 1955.
it is necessary to set out the facts and the relevant correspondence in order to determine the points which have to be decided.
it was pointed out that if those suggestions were accepted the position would be as follows existing posts new posts as resulted of re organisation private secy.
