- (1.) The short question that falls for consideration in this appeal is whether the respondents who were employed as revisors in the High Court of Punjab and Haryana (hereinafter referred to as 'the High Court') and were given the pay scale of Superintendent Grade II with effect from August 5, 1980 are entitled to the said scale with effect from January 23, 1975.
(2.) In the High Court the conditions of service of the employees were earlier governed by the High Court Establishment (Appointment and Conditions of Service) Rules, 1952 (hereinafter referred to as the 1952 Rules). Under the 1952 Rules there were posts of Senior Translator and Junior Translator. Keeping in view the recommendations of the Pay Commission constituted by the State of Punjab in 1968, when the High Court Establishment (Appointment and Conditions of Service) Rules, 1973 (hereinafter referred to as 'the 1973 Rules') were made by the High Court the post of Senior Translator and Junior Translator were designated as Revisor and Translator respectively. The 1973 Rules were issued vide Notification dated January 23, 1975 and were published in the Chandigarh Gazette on February 1, 1975. Under Rules 26, 27 read with Schedule I of the 1973 Rules Revisors were placed in the scale Rs. 225-500 with a special pay of Rs. 50 per month and Translators were placed in the scale Rs. 225-500 since Rules 26, 27 and 34 and Schedules I, II and III of 1973 Rules related to salaries, allowances and pension, etc. of the employees, the same were sent for approval of the President of India as required under Clause (2) of Article 229 read with Article 231 of the Constitution of India. The approval of the President f India was received vide letters dated September 25, 1985 and October 30, 1985. In the meanwhile, the pay scale of Rs. 225-500 had been revised to Rs. 600-850 with effect from January 1, 1978 and by Notification dated August 5, 1980 Schedule I of the 1973 Rules was substituted. In the substituted Schedule the posts of Senior Translator and Junior Translator were mentioned. In the remarks column against the post Senior Translator the following note was made:- "Note: Redesignated as Revisors and recommended the pay scale of Superintendent Grade II i.e. Rs. 800-25-850-30-1000/40-1200/50-1400".
(3.) Similarly, as against the post of Junior Translator the following note was made in the remarks column:- "Redesignated as Translators and recommended the pay scale of Assistants i.e. Rs. 570/- - 1080 and also the selection Grade.";