JUDGEMENT
RAJIV NARAIN RAINA, J. -
(1.) The petitioner was an employee of one of the Subordinate Courts working as Superintendent. He was selected and
appointed as a Reader on the establishment of this Court on August 3,
2012. Hon'ble the Chief Justice gave a premature increment to all employees on the establishment of this Court, who had spent one year of
service on April 11, 2013. By then the petitioner had not put in the
requisite period of service in the establishment of this Court entitling
him to the benefit of premature increment.
(2.) Mr. Anurag Goyal argues that in the context of the decision, that the reason behind grant of premature increment to employees across board was
for their sterling performance in their contribution in helping out in
dealing with arrears of cases and clearance of backlog during the period
September 1, 2012 to March 31, 2013 during which period admirably as many
as 64031 old cases were disposed of by the High Court. The petitioner had
joined the establishment before the period in reckoning started on
September 1, 2012 co-terminus with the end of the financial year and
therefore he should also be held entitled to the monetary benefit by
ignoring the cut off date i.e. March 31, 2013 even though he had not
served for a year and 8 months' service should be equated and treated by
fiction for partial contribution in the clearance of backlog cases from
September 3, 2012 to March 31, 2013, short by about 5 months. The second
argument raised is that the employees working in the Central Recruitment
Agency at Mohali have also been granted the benefit, even though they are
not on the establishment of this Court but employees of the state
Government.
(3.) It is open to Hon'ble the Chief Justice in exercise of his special powers conferred by the Constitution of India to grant concessions to
employees according to his wisdom of which he is the sole dispenser and
repository of authority under Article 229 of the Constitution in the
matter of pay and allowances of employees working under his control. The
third contention is that the benefit of premature increment has been
given to Judicial Officers posted on the establishment of this Court
after having served for only 6 months during the relevant period then
relaxation can be given in favour of the petitioner. The argument is
misconceived since there is no invidious or hostile discrimination
practised between members of the staff as against the Judicial Officers
posted in the High Court since they belong to different classes which are
reasonably classified. The wisdom of the Chief Justice in conferring the
benefit to a small group of persons for a shorter time period is not open
to question and criticism on this ground especially when the petitioner
has no locus standi and himself does not fit into the scheme of grant of
premature increment which was by way of expression of gratitude for which
some parameters had to be prescribed and therefore a legitimate argument
cannot be built on discrimination between the ministerial staff of
establishment of this Court who were short of one year by the cutoff date
and the Judges of the Subordinate or Superior Courts posted to the High
Court to carry out onerous duties. No valid ground for interference is
made out on any of the grounds pressed.
No merit. Dismissed.;
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