- (1.) The present writ petition seeks to challenge the refusal by the Governor of West Bengal to grant approval to the draft Calcutta High Court Services Rules, 1998 under Article 229 (2) of the Constitution.
(2.) The brief facts are as follows :- In 1995, the Government of West Bengal appointed the 4th Pay Commission, the Terms of Reference of which included the employees of the Calcutta High Court. The High Court employees made a representation to the Chief Justice requesting exercise of this power under Article 229. Accordingly, a Three-Judge Committee was appointed. In the meanwhile, the government of West Bengal contacted the Registrar of the High Court for information about the employees for the purposes of Pay Commission. The Registrar replied by saying that a Committee has already been set up for this purpose. The Three Judge Committee submitted its report but expressed doubts about the enforceability of their recommendations in light of clause (2) of Article 229.
(3.) Pursuant to a resolution of the Full Court, a Five-Judge Committee was set up. The draft Rules proposed by this Committee was approved by the Chief Justice and was forwarded for approval of the Governor.;