T. GOPALAKRISHNA MURTHI AND OTHERS Vs. THE STATE OF ANDHRA PRADESH
LAWS(APH)-1972-4-17
HIGH COURT OF ANDHRA PRADESH
Decided on April 18,1972

T. Gopalakrishna Murthi And Others Appellant
VERSUS
The State Of Andhra Pradesh Respondents

JUDGEMENT

OBUL REDDI,J. - (1.) The staff of the High Court of Andhra Pradesh have filed this writ petition Claiming salaries on par with those similarly employed in the Secretariat and in support of the claim Mr. V. Venkataramaniah, the learned Counsel for the petitioners, sought to contend that, when once the Chief Justice recommends to the Government the sales of pay to be fixed for the members of the High Court service, the approval of the Governor of the State under proviso to Article 229(1) of the Constitution is only a formal approval; that the action of the Government in not giving effect to the recommendations of the Chief Justice in the matter of fixation of salaries for the members of the High Court service is against the provisions of Article 229(1) of the Constitution ; and that the members of the High Court service are therefore, entitled to the same salaries as the members of Secretariat Service in the corresponding categories, draw. In view of the importance of the questions raised in the writ petition. I am of the view that this writ petition should be heard by a Bench of two Judges. Place the papers before my Lord the Chief Justice for orders as to posting. In pursuance of the abovesaid order this petition came on for hearing before the Bench.JUDGEMENT
(2.) This writ petition came up before one of us (Obul Reddi, J.) sitting single and as it was felt that questions of importance have been raised, the papers were directed to be placed before the Honourable the Chief Justice for orders as to posting before a Bench of two judges. That is how this petition is before us. The questions raised in the writ petition relate to the powers of the Chief Justice under Article 229 of the Constitution and the effect to be given to Rule 19 of the Andhra Pradesh High Court Service Rules, 1959 framed by the Chief Justice with the approval of the Governor of the State.
(3.) The petitioner, who are 161 in number, are members of the High Court service belonging to the categories of Bench Clerks, Special Clerks, Translators, Upper Division Clerks, Lower Division Clerks, Typists and certain other categories. They seek a writ of mandamus against the respondents directing them to implement the recommendations of the Honourable the Chief Justice of the High Court of Andhra Pradesh, made to the Government from time to time, the latest of such recommendation being in the month of July, 1969 to fix the pay scales of the various categories to which the petitioners belong in accordance with the scales of pay as revised by the State Government to the corresponding categories detailed in Annexure-III of the Andhra Pradesh Secretariat Service with effect from the date on which those scale were brought into force.;


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