F.I.REBELLO, J. - (1.) RULE . By consent of parties, heard forthwith.
(2.) THE writ petitioner is in the employment of respondent no.2. By means of the present writ petition, the writ petitioner seeks to challenge the Government Order dated 27.12.1999 by which, the State Government stayed the rule providing for encashment of leave in respect of Groups C and D employees. The writ petitioner is a Group-C employee. This writ petition is purported to raise not only his personal grievance, but also off all similarly situated employees of respondent no.2. It is the case of the writ petitioner that the impugned Government Order is arbitrary, unconstitutional and illegal on the ground that at the time of filing of the petition there was no financial hardship, but in pursuance of the impugned Government Order, till date, the State Government is not providing for leave encashment. Though in the writ petition issue was also raised regarding L.T.C. facility, as that is being subsequently paid, has not been argued. The writ petitioner is in the service of respondent no.2. Conditions of service are regulated by Article 229 of the Constitution of India and the rules framed thereunder. For that purpose, we may gainfully referred to Rule 40 of the Allahabad High Court Officers and Staff (Conditions of Service and Conduct) Rules, 1976 (hereinafter referred to as 'the Rules, 1976'), which reads as under:- "40. Regulation of other matters.-- (1) All officers and servants of the Court shall be subject to the superintendence and control of the Chief Justice. (2) In respect of all matters (not provided for in these rules) regarding the conditions of service of officers and servants of the Courts including matters relating to their conduct, control and discipline, the rules and orders for the time being in force and applicable to Government servants holding corresponding posts in the Government of Uttar Pradesh shall apply to the officers and servants of the Court subject to such modifications, variations and exceptions, if any, as the Chief Justice may, from time to time, specify. Provided that no order containing modifications, variations or exceptions in rules or orders relating to salaries, allowances, leave or pensions shall be made by the Chief Justice except with the approval of the Governor: Provided further that the said powers exercisable under rules and orders of Government of Uttar Pradesh by the Governor shall be exercised by the Chief Justice or by such officer as he may, by general or special order, direct. (3) If any doubt arises in regard to a particular post in the establishment being corresponding to a post in the State Government, the matter will be decided by the Chief Justice."
(3.) SIMILARLY , Article 229 of the Constitution of India, reads as under:- "229. Officers and servants and the expenses of High Courts.-- (1) Appointments of officers and servants of a High Court shall be made by the Chief Justice of the Court or such other Judge or officer of the Court as he may direct: Provided that the Governor of the State may by rule require that in such cases as may be specified in the rule no person not already attached to the Court shall be appointed to any office connected with the Court save after consultation with the State Public Service Commission. (2)Subject to the provisions of any law made by the Legislature of the State, the conditions of service of officers and servants of a High Court shall be such as may be prescribed by rules made by the Chief Justice of the Court or by some other Judge or officer of the Court authorized by the Chief Justice to make rules for the purpose: Provided that the rules made under this clause shall, so far as they relate to salaries, allowances, leave or pensions, require the approval of the Governor of the State. (3) The administrative expenses of a High Court, including all salaries, allowances and pensions payable to or in respect of the officers and servants of the court, shall be charged upon the Consolidated Fund of the State, and any fees or other moneys taken by the Court shall form part of that Fund." ;