Metropolitan Magistrates are inter transferable posts and being discharging the same duties, they are entitled to equal pay for equal work.
After the 4th Pay Commission, it would appear that Super time Scale and Selection Grade posts have been fused and the District and Sessions Judge and the Additional District Sessions Judges placed in the Selection Grade are being paid their salary in the pay scale of Rs.5900 6700, Since the companyrespondence between the Ministry of Law and Justice and the High Court did number yield to the result of the selection grade scale pay to all the Additional District Sessions Judges and the Chief and Addl.
1,000/ , the same parity be maintained for Selection Grade and Time Scale Addi tional, District Sessions Judges.
They also sought for special pay of Rs.550/ p.m. to all officers of Delhi Higher Judicial Service.
The difference of pay to Chief Justice of the Supreme Court and Judges of the Supreme Court, Chief Justice and Judges of High Courts is only Rs.
Metropolitan Magistrates, as mentioned in the Schedule, the above writ petition came to be filed and the High Court found that since all the posts of Additional District Sessions Judges, Chief and Addl.
These two appeals arc disposed of by a companymon judgment since the appeals arise from the judgment of the Division Bench of Delhi High Court in C.W.P. No.4196/83 dated October 13, 1993.
Shri N.M. Goswami, the learned Senior companynsel for the Union of India companytended that the Selection Grade posts are distinct and separate from the Time Scale posts.
Therefore, all the Additional District Sessions Judges, Chief and Additional Metropolitan Magistrates are entitled to the scale of Rs.5900 6700.
The High Court in the impugned order directed to refix the salary of the members of the Delhi Higher Judicial Service in the pay scale of Rs.5900 6700w.e.f 1.1.1986within a period of four months from the date of the judgment and direction to pay the arrears of salary and allowances thereon within a period of two months thereafter.
As the above scale was given effect from January 1, 1986, all the officers are equally entitled from the same date.
The respondent Delhi Judicial Service Association had filed the writ petition seeking for a writ or order or direction to the appellants to place the Delhi Higher Judicial Service Personnel in the pay scale of Rs.5900 7300 or to place the District and Sessions Judges in the pay scale of Rs.7300 7600 and or to grant the relief w.e.f 1.
Feeling aggrieved, the Union of India and the Delhi Administration have filed the appeals respectively.
