- (1.) A. P. Sahi, J. Heard Sri Shashi Nandan, learned Senior Counsel, assisted by Sri Namit Srivastava for the petitioners, Sri Shashank Shekhar Singh for the Respondent No. 1, Sri K. R. Sirohi has accepted notice on behalf of Respondent No. 2.
(2.) THE writ petition has been filed by the class-lv Employees Association of the Establishment of this High Court through its Secretary praying for the implementation of the pay scale that has been proposed by the High Court pursuant to the deliberations by a Committee appointed by Hon'ble the Chief Justice in this regard with a further request that the draft Rules as proposed by the High Court be approved by the State Government. A litigation was initiated by the petitioners which ultimately ended up in a judgment by a learned single Judge of this Court on 6-2-1998 in favour of the petitioners. It was reversed in Special Appeal No. 200 of 1998 which decision was ultimately affirmed by the Apex Court vide judgment dated 15-10-2004; a copy of the decision of the Apex Court is Annexure-2 to the writ petition. The matter was thereafter taken up on the administrative side by the High Court. A Committee was constituted by Hon'ble the Chief Justice for proposing recommendations on the demands raised by the petitioners employees. The Committee made its recommendation whereafter certain orders were: passed by the Hon'ble Chief Justice and the matter came to be placed before the Full Court. A decision was taken by the Full Court and an order was passed by the Hon'ble Chief Justice on 3-8-2005. The same is quoted in the communication/office order appended as Annexure-9 to the writ petition, whereby the Chief Justice ordered that the Full Court resolution must be respected.
(3.) THE allegation of the petitioners is that the State Government has been deliberating upon this issue and has proceeded to carry out the amendments as recommended by the High Court in respect of the other Members of the Staff of the High Court Establishment but has with held its decision on the recommendations made by the High Court in favour of the petitioners, who are class IV employees. It is stated that there is absolutely no justification on the part of the State Government to withhold its decision and thereafter keep the matter pending which in effect amounts to violating the orders of the Apex Court and also not respecting the recommendation of the Full Court as endorsed by Hon'ble the Chief Justice referred to herein above. Keeping in view the allegations made in this writ petition as well as the facts brought on record and indicated herein above, the Respondent No. 1 is hereby directed to proceed to process the recommendations made by this Court on the administrative side for its compliance or otherwise, by convening a meeting of the concerned officials of the State Government and the High Court who may be authorised to deliberate on the said issue, and thereafter proceed to take a decision in the matter as expeditiously as possible preferably within 4 months from the date of presentation of a certified copy of this order before the Respondent No. 1. With the aforesaid directions, the writ petition is disposed of. .;