Dilip Gupta, J. - (1.) This Special Appeal has been filed under Chapter VIII, Rule 5 of the Allahabad High Court Rules, 1952 to assail the judgment dated 2 February, 2016 of a learned Judge of this Court by which Writ-A No.61041 of 2012 filed by Class IV Employees' Association of the Allahabad High Court (Class IV Employess' Association) for quashing the order dated 26 July, 2012 passed by the State Government, has been allowed. The State Government has, by this order, declined to grant approval to The Allahabad High Court Officers and Staff (Conditions of Service and Conduct) (Amendment) Rules, 2005 (the Amendment Rules) framed by the Chief Justice of the High Court under Article 229(2) of the Constitution for enhancing the pay-scales of Class IV employees of the High Court to that of their counterparts in the Delhi High Court. The learned Judge has set aside the order dated 26 July 2012 and issued a direction to the State Government to take appropriate steps to approve the amendments within six weeks. The learned Judge also directed that Class IV employees of the High Court would be entitled to higher pay-scales from the date the amendments were incorporated in the Rules and the arrears of difference of salary would be paid to them within six months from the date the Rules are approved.
(2.) The Class IV Employees' Association had earlier filed Writ-A No.15211 of 1997 for a direction upon the State to grant pay-scales of Rs.975-1660 and Rs.1000-1750 in place of Rs.750-940 and Rs.775-1025 respectively to Class IV employees of the High Court with effect from 1 January 1986. This petition was allowed by a learned Judge of this Court on 6 February 1998 and a direction was issued that Class IV employees would be entitled to the pay-scales claimed by them with effect from 1 July 1994. The State preferred Special Appeal No.200 of 1998. It was allowed by judgment dated 5 November 2003. The order passed by the learned Judge was set aside but it was left open to the Chief Justice of the High Court to take a decision regarding grant of higher pay-scales. It was further observed that in case a decision is taken by the Chief Justice, approval should be granted unless a good reason existed for not granting the approval. However, if approval was not to be granted, then in that case there should be exchange of thoughts between the Governor of the State and the Chief Justice of the High Court. The order passed by the Division Bench in the Special Appeal was challenged by Class IV Employees' Association before the Supreme Court in Civil Appeal No.6878 of 2004. This Civil Appeal was disposed of on 15 October 2004 in terms of the judgment rendered by the Supreme Court in State of U.P. v. Section Officer Brotherhood & Anr. (2004) 8 SCC 286 . By the said judgment, the Supreme Court set aside the judgment rendered by the High Court granting higher pay-scales to Section Officers, Private Secretaries, Bench Secretaries and Assistant Registrars working in the High Court. The Supreme Court held that the High Court was not justified in issuing a direction to the State Government for granting higher pay-scales since the Chief Justice had not framed any rule for granting higher pay-scales. The Supreme Court, however, made it clear that it would be open to the Chief Justice to constitute a Committee consisting of Judges of the Court for the said purpose and in case the Committee makes a recommendation for enhancement of the scales of pay, the same would be considered by the State Government in its proper perspective and in the light of the observations made in the judgment.
(3.) The Chief Justice of the High Court, by order dated 28 November 2004, constituted a Committee of four Judges of the Court. The recommendations made by the said Committee on 23 December 2004 for granting higher pay-scales were approved by the Chief Justice on 24 December 2004. The Registrar General of the High Court sent a letter dated 26 December 2004 to the State Government to take necessary steps. The Rules were also amended in accordance with the recommendations. The Schedule to the Amendment Rules provides that Class IV employees holding promotional and technical posts will be placed in the pay-scale of Rs.3200-4900 and other Class IV employees holding non-technical posts will be placed in the pay-scale of Rs.3050-4590. The Registrar General of the High Court then sent the draft Amendment Rules to the Principal Secretary (Judicial) & Legal Remembrancer, Government of U.P., Lucknow (the Principal Secretary) on 10 November 2005 to obtain the necessary approval from the Governor of the State as contemplated under Article 229(2) of the Constitution.;