- (1.) The Petitioners are working as Clerks on the Establishment of the Punjab & Haryana High Court, Chandigarh. They seek a mandamus to direct the Respondents including the Union of India to grant them the pay-scale of Rs. 13500-34800, at par with the pay-scale of the Clerks working in the Subordinate Courts of the Punjab State and UT Chandigarh which have been granted to them on the acceptance of the recommendations made by the Shetty Pay Commission.
(2.) Suffice it to observe that before the implementation of the recommendations made by the Shetty Pay Commission, the ministerial staff of the High Court (Clerks) and their counterparts working in the Subordinate Courts of Punjab and UT Chandigarh were in the same pay-scale of Rs. 3120-5160. After the recommendations of the Shetty Pay Commission were given effect, the pay-scale of the Clerks working in the Subordinate Courts of Punjab/UT Chandigarh was enhanced to Rs. 5000-8100 and upon further revision in the pay-scales in the State of Punjab they are now getting the higher pay-scale of Rs. 13500-34800 as against the revised pay scale of Rs. 5910-20200 plus Grade Pay of Rs. 1900/-being drawn by the Clerks working on the Establishment of the Punjab & Haryana High Court.
(3.) It needs to be emphasized here that the service conditions of the High Court employees are governed by the High Court Establishment (Appointment and Conditions of Service) Rules, 1973 (in short, 'the 1973 Rules'), Rules 34 (1) & 34(1)(A) whereof, relevant in the context of the present controversy, read as under: Pension & other conditions of service 34 (1) In the matters regarding the conditions of service for which no provision or insufficient provision has been made in these rules, the rules and orders for the time being in force and applicable to the Government Servants appointed to corresponding or comparable civil services and posts in connection with the affairs of the Union shall apply to the members of the Establishment of this Court subject to such modifications, variations and exceptions, if any, in the said rule and orders as the Chief Justice may from time to time specify. Provided that the powers exercisable under the said rules and orders by the competent authority shall be exercisable by the Chief Justice or by such person as he may, by general or special order, direct. Note (i): In the matter of leave, children's education allowances, reimbursement of tuition fee employees of the High Court shall be governed by the Punjab Civil Services Rules w.e.f. 30th October, 1985. Leave Travel Concession, admissible under the Central Rules shall be deemed to have been extended to the employees w.e.f. 1st November, 1966. Provided further the scales of pay and dearness and other allowances including Compensatory (City) Allowance and House Rent Allowance granted to the employees of this Court, shall continue to be governed by the rules and orders of the Punjab Government in force on 28th February, 1975. Provided that it shall be competent for the Chief Justice to revise from time to time scales of pay and allowances of this Court so as to bring them on par with the scales of pay and allowances which may be sanctioned by the Government of Punjab from time to time for the corresponding or comparable categories of employees. Pay Fixation34(1)(A) In the matter of fixation of pay in the revised pay scales, the employees of this Court, who have been promoted w.e.f. 13.09.88 onwards shall be governed under Rule 8 of the Punjab Civil Service (Revised Pay) Rules, 1988 and any subsequent instructions issued by the Punjab Government thereunder, from time to time. (2) Any question arising as to which rule or orders are applicable to the case of any persons serving on the staff attached to the High Court shall be decided by the Chief Justice. (Emphasis applied);