R. M. Sahai, J. - (1.) Bench Secretaries of the Court have invoked extra ordinary jurisdiction under Article 2-6 of Constitution of India against classification by Government of Bench Secretaries since 1975 into Grade and 11 on seniority even though the duty and responsibility of both the groups was and is same as contrary not only to constitutional aspirators embodied in clause (d) of Article 29 of the equal pay for equal work but also as violative of Article 14 of the Constitution.
(2.) Although this Court did not approve of this classification and has been recommending since very beginning that this was unfair and not in keeping with the specialised duties that a Bench Secretary has to perform but unfortunately it did net cut any ice and despite two Pay Commissions having been constituted in 1971 and 1979 Athena moly continued and the petitioners had to knock door of this court on the judicial side. With expansion of horizon of equality doctrine since late seventies much of the controversy on applicability of Articles 14 and 16 to such matters has narrowed down. When Randhir Singh v. Union of India, AIR 1982 SC 1879, was decided voicing the social march by recognising directive principles of Constitution as not mere aspirations and it was observed : "It is true that the principal of 'equal pay for equal work' is not expressly declared by our Constitutional to be a fundamental right. But it certainly is a Constitutional goal." Then probably it kiddied ray of hope in petitioners and it furnished foundation for this petition, And by the time this petition came up for hearing the Honble Court decided P. Savita v. Union of India, AIR 1985 SC 1124, which broadened the concept of equal pay for equal work not as abstract doctrine but as necessary incidence of service jurisprudence, the breach of which is to be tested on touchstone of rationality embodied in Article 14.
(3.) Facts may now be narrated to ascertain if the principle laid down in these decisions can come to rescue of petitioners and their long battle spreading over nearly ten years can be said to come to end. In 1946 Allahabad High Court (Conditions of Service Staff) were framed by the Chief Justice in exercise of powers conferred by clause (b) sub-section (2) of Section 241 read with sub section (4) of Section 242 of Government of India Act, 1935. Rule 2 of it provided that the stall' attached shall consist of the posts specified in the first column of the Schedule. In the Schedule the strength of Bench readers, now designated as Bench Secretary was fixed at eighteen. It carried pay scale of Rs. 160-10-260-EB-10-320 In 1947 U. P. Pay Committee was appointed which too approved the pay scale to readers as was being given to them under rules of court. The Committee did not disturb the pay scale of Superintendents, Upper Division Assistants and Stenographers also which was as follows : Superintendents JUDGEMENT_65_LAWS(ALL)11_1985(1).html;