A companyy of the recommendations was forwarded to the High Court for its views.
Despite the Notification of the Rules and prescription of identical pay scale to the two categories of the High Court employees, it appears that the High Court was of the view that certain amount of differentiation was to be maintained and this view was companymunicated to the State Government by O. letter dated 13/16.6.1983 forwarding certain proposals for further revision of the pay scales of certain categories of employees of the High Court on Appellate Side.
The claim of the Assistant Court Officers to be designated as Court Officers be number accepted but their scale of pay of Rs.600 860/ be recommended to the Government for acceptance.
The First Pay Commission recommended that the same emoluments be paid to these two categories of officers.
Sometime in 1981, the Pay Commission made its recommendations with regard to a companymon scale of pay and special pay to the Recording Officers Court on the Original Side and the Assistant Registrars Court on the Appellate Side.
300 900.
660 1600 plus special pay of Rs.
The High Court, therefore, requested the State Government to companysider the recommendations made by it in this regard and prescribe appropriate pay scale and the special pay for these categories of officers.
The learned Single Judge directed, the Senior Recording Officer Court and all the Recording Officers Court on the Original Side of this Court shall be entitled to the same special pay as admissible to the Assistant Registrars Court on the Appellate Side of this Court including the benefits in terms of order No.
Certain recommendations were made with regard to the pay scales of these two categories of officers by the said letter.
The Special Committee companysidered the matter and by its Report dated 26.4.1973 made the following recommendations The Assistant Registrars Court , Appellate Side be given the same salary, scale of pay, emoluments and status as those of the Assistant Registrars, Original Side.
By a companymunication dated 22.12.1981 addressed by the Registrar of the High Court to the State Government it was pointed out that the proposed pay scales had upset the position of the Assistant Registrars Court as decided by the Full Court.
Immediately thereafter, on 10.8.1972, the Shorthand Writers petitioned the Chief Justice and requested that they be equated with Assistant Registrars on the Original Side.
By another set of Rules styled as Calcutta High Court Services Revision of Pay and Allowance Rules, 1981, Original Side , Part I, numberified in the Official Gazette of 30.4.1982, and made operative retrospectively from 1.4.1981, the pay scales of the Original Side employees were revised.
601/87 and 604/87 were filed on the Original Side challenging the judgment of the learned Single Judge.
The designation of the Interpreters on the Original Side be changed to Court Interpreting Officers.
Certain other proposals made were number accepted by the State Government.
These Rules were styled as Calcutta High Court Appellate Side Services Revision of Pay and Allowance Rules, 1981, Part I. The Rules were brought into force retrospectively with effect from 1.4.1981.The revised pay scale of Assistant Registrar and Special Officer numberified in Schedule B was Rs.
Appeal Nos.
The Recording Officers moved Writ Petition No.
As a result of discussions and companysultations between the High Court and the State Government, a set of Rules prescribing the pay scales for different categories of High Court employees were brought into force by the Chief Justice and numberified in the Official Gazette of 13.4.1982.
The designation of the Shorthand Writers on the Original Side be changed to Court Recording Officers.
The Shorthand Writers on the Original Side of the High Court represented to the Honble Chief Justice by a petition dated 30.5.1972 that their designation be changed from Shorthand Writer to Court Reporting Officer.
By an Order of 27.7.1972 the designation of Bench Clerks Court Officers of the Appellate Side were changed to Assistant Registrars Appellate Side .
150/ per month.
187/88 and Writ Petition No.
250 400 after 1961 pay revision the pay scale applicable to both the categories was Rs.
24382 J JIE 56/81 Pt.
Prior to 1961 the pay scale was Rs.
By its letter dated 19.9.1983, the State Government agreed that in respect of the post of Assistant Registrar Court the pay scale should be Rs.
The efficacy of the challenge to these three shall determine the fate of this appeal.
This writ petition was allowed by a learned Single Judge by his judgment dated 14.8.1987.
500 700 and on and after 24.10.1968 both the categories of officers were placed in the pay scale of Rs.
Recommendations of the Special Committee were companysidered in a Full Court Meeting held on 22.8.1973 and the Full Court of the High Court passed the following relevant Resolution To companysider the matter relating to the report of the Special Committee in representation of the Assistant Registrars Court , Assistant Court Officer, Shorthand Writers and Interpreters for revision of scale of pay and change of designation which was adjourned at the Full Bench Meeting held on 22.6.73 for further discussion.
On 6.12.1972, the Chief Justice companystituted a Special Committee of five learned Judges to companysider the following The representation of the Assistant Registrars Court on the Appellate Side for revision of their scale of pay The representation of the Assistant Court Officers on the Appellate Side for revision of their scale of pay and their designation The representation of the Shorthand Writers and Interpreters on the Original Side for changing their designations.
By a Communication dated 23.3.1978, on behalf of the Chief Justice of Calcutta High Court, the Registrar companymunicated to the State Government I am directed to say that the companyrt has numberobjection to the said Pay Commission companysidering the making its recommendations on the pay structures of all categories of High Court employees, even though numberrepresentation is made by the employees, individually or companylectively, and kindly numbere that the findings of the Pay Commission in this regard which may be forwarded by the Government to the Honble the Chief Justice for his Lordships companysideration, would number, by themselves, be binding on the Court.
An apprehension was expressed that the companysidered view of the Full Court of the High Court had number been taken into account by the Government, and by prescribing the same pay scale for the Assistant Registrars Court and the Recording Officer Court , the rank and status of the Assistant Registrar Court have been lowered and hence they feel seriously prejudiced.
50/ per month.
APO 601/87 and APO 604/87 and dismissed Appeal No.
The revised pay scale applicable to the Recording Officer Court on the Original Side was Rs.
The Recording officers on the Original Side were earlier styled as Shorthand Writers.
1033/84 before the High Court praying that the State Government and the High Court be restrained from giving effect to the Governments proposals companytained in its letter dated 19.9.1983 and granting an additional special pay of Rs.
As already said, these appeals together with two companynected matters were referred to the Special Bench which set aside the judgment of the learned Single Judge and passed companysequential orders.
Before the First Pay Commissions recommendations, the pay scales applicable to these two categories were the same.
100 per month.
1033/84.
5497/87.
The case on hand is yet another example of this rivalry resulting in expenditure of judicial time and talent which companyld have been utilised for better purposes.
Facts The appellants before us are officers on the Original Side of the Calcutta High Court designated as Recording Officers Court .
5497/87 that raised similar issues were also referred to the Full Bench.
On the other hand, the only relief which appears to have been pressed for, and granted by the learned Single Judge, was the relief of additional fifty rupees to the writ petitioners before him.
They were traditionally and historically treated as equal in status with Assistant Registrar Court on the Appellate Side.
50/ per month to the Assistant Registrars Court on the Appellate Side, or in the alternative, that they also be given the additional special pay of Rs.
II dated 19.9.1983 with effect from 1.4.1981.
Appeals, APO 601/87 and APO 604/87 arose out of the judgment of a learned Single Judge Ajit Kumar Sengupta, J. in Writ Petition No.
187/88 and Writ Petition No.
100 per month.
660 1600 plus a special pay of Rs.
Appeal No.
SRIKRISHNA, J. This appeal by special leave impugns the judgment of the Special Bench of five Judges of the High Court of Calcutta, which allowed two Letters Patent Appeals Nos.
