S.S. SUBRAMANI, J. - (1.) PETITIONERS seek issuance of writ of certiorarified mandamus calling for the records of first respondent in letter No.Ms.943, dated 8.7.1996, quash the same and direct first respondent to grant the scale of pay of Rs.975-1660 to petitioners with effect from 1.6.1988 with all arrears and other benefits and pass such further orders.
(2.) EIGHTEEN petitioners have joined together to file this writ petition of whom, 17th petitioner has been promoted as Assistant and third petitioner has retired from service with effect from 31.8.1996. But all of them joined together only for one purpose, which relate to their entitlement to a particular scale of pay with effect from 1.6.1988, which is common cause for all of them. All the petitioners are junior bailiffs in High Court. According to petitioners, Junior bailiffs are equated to Junior Assistants in High Court from first pay commission onward and scale of pay was also identical. In the first pay commission, Junior Assistant received a scale of Pay of Rs.90-140 and Junior Bailiffs also received the same scale of pay. In the second pay commission the scale of pay was revised to Rs.200-300 for both cadre. In the third Pay commission, Junior Assistants were given a scale of pay of Rs.350-600, whereas junior bailiffs were given the scale of pay of Rs.325-550 only. In the 4th Pay commission, Junior Assistants were given the scale of pay of Rs.610-1075 whereas junior bailiffs were given the pay scale of Rs.550-970. In the 5th Pay Commission Junior Assistants were given the scale of Pay of Rs.975-1660 whereas junior bailiffs were given the scale of Pay of Rs.825-1200, Junior Assistants in High Court were upgraded as Assistants on par with Assistants in the Secretariat Service of Government of Tamil Nadu and were given the scale of pay of Rs.1100-1660. Readers and examiners of High Court were given same scale of pay as junior bailiffs in all the five Pay commissions. Readers and examiners filed a writ petition before this Court in W.P.No.12737 of 1994 claiming parity on par with Junior Assistants and the same was allowed by this Court as per order dated 23.5.1995. While doing so, this Court held that readers and examiners had been given identical scale of pay as Junior Assistants in 1st and 2nd Pay commissions and further on comparison with the scales of Pay of Drivers and Constables Gr.I. there was justification for granting higher scale of pay of Rs.975-1660 with effect from 1.6.1988. It was further held in that case that under Art.229 of the Constitution, when Honourable Chief Justice of High Court made recommendation regarding the scales of pay of staff of High Court, such recommendation was originally binding on Government unless there were grave and compelling reasons to differ from the same. The said judgment was implemented by Government as per G.O.Ms.No.1193, Home (Court-V) Department, dated 7.8.1995. Copyists in High Court had lower scale of Pay than Junior Assistants and readers and examiners in the first two pay commissions but in the 3rd, 4th and 5th Pay Commissions? recommendations, scale of pay of copyists was also equated with the scale of pay of Readers and Examiners as well as of pay of Junior bailiffs. In December, 1989, High Court sent a proposal for revision of scale of pay of Copyists in Judicial Department from Rs.825-1200 to 975-1660. Government also accepted the same as per G.O.Ms.No.903, Home (Courts-V) Department, dated 9.8.1994. The post of junior bailiffs has always been equated with the post of senior bailiffs in the subordinate courts in the matter of scale of pay and this has been the position in first pay commission. Senior bailiffs in the subordinate Courts through, Tamil Nadu Civil Courts Senior Bailiffs Association? filed Writ Petition No.6641 of 1991 and W.P.No.1187 of 1992 for revision of scale of Pay of senior Bailiffs from Rs.825-1200 to Rs.975-1660 with effect from 1.6.1988. Writ petition was allowed on 6.11.1995, and the same was also implemented by Government as per G.O.Ms.No.61, Finance (P.C.) Department, dated 24.1.1996.
(3.) IN such circumstances petitioner sent detailed representation to second respondent claiming scale of Pay of Rs.1100-1660 on par with the Junior Assistants in High Court. This recommendation was considered by Honourable Chief Justice and a recommendation was made to first respondent that junior bailiffs in High Court could be fixed in the scale of pay of Rs.975-1660. IN other words, though representation of petitioner was for scale of pay 1100-1660, recommendation of Honourable Chief Justice was for a scale of pay of Rs.975-1660. Representation of petitioners along with recommendation of Chief Justice was forwarded to first respondent by letter dated 8.7.1996. First respondent rejected the representation on the ground that revised scale of pay of Rs.825-1200 was proper and proposal for revision of scale of pay for the post of Junior bailiffs will be referred to next pay commission as and when it is constituted. Said order of first respondent is challenged in this writ petition. On the ground that when recommendation is made by Chief Justice of High Court regarding scale of pay of servants of High Court, in the absence of clear and compelling reasons, Government is normally bound by such recommendations. In this case, Honourable Chief Justice already made recommendations for Junior Bailiffs to revise the scale of pay to Rs.975-1660. Impugned order does not give any reason as to why the recommendations cannot be accepted. It is further submitted that in a number of cases it has been held that the recommendations of Chief Justice is binding on Government. It is further said that in the case of Readers and Examiners, who were on par with Junior Bailiffs in the High Court as well as senior bailiffs in subordinate courts, were always treated on par with junior bailiffs in High Court. This Court on judicial side has already taken the view that they are entitled to a higher scale of pay of Rs.975-1660. Junior bailiffs in High Court are identically situated and there is no reason as to why they should not be allowed to receive highest scale of pay of Rs.975-1660. The copyists were also given higher scale of pay. For the above reasons petitioners have come to this Court for the above relief. ;