PRIVATE SECRETARIES PERSONAL ASSISTANTS BROTHERHOOD Vs. STATE OF U P
LAWS(ALL)-1999-11-67
HIGH COURT OF ALLAHABAD
Decided on November 16,1999

PRIVATE SECRETARIES/PERSONAL ASSISTANTS BROTHERHOOD Appellant
VERSUS
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

S.H.A.Raza, J. - (1.) "Separation of powers" amongst three limbs of the State, the executive, the legislature and the Judiciary in all hall marks of the Constitution of India, which is held to be "basic structure" of India. "The edifice of the Constitution is based on "separation of powers". If the Independence of each limb of the State, in any way is affected, there would be a break down of the Constitution.
(2.) With this prelude, we have to examine the case of the Private Secretaries of this Court, who are drawing the pay scale of Class 1 Officer, i.e., Rs. 10,000-15,200 and staked the claim in the present writ petition for being provided the telephone connections at their residence.
(3.) It is pertinent to mention here that in the year 1988 the State Government decided that the employees of the State Government would be given the pay scale available to the corresponding status employees under the Central Government. In order to execute the said decision an Equivalence Committee was constituted by the State Government, which submitted its report on 30.4.1989. As there existed various anomalies in the pay structure and the State Government felt difficulties in implementing Its decision to equalize the pay scale of the State employees with that of the Central Government, an Anomaly Committee was constituted, which submitted its report. The State Government Itself took a policy decision "vide Adhyay 2 Adhikar Adesh" to pay central pay scale to the staff of the Allahabad High Court with the approval of the Governor.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.