- (1.) The petitioners, who are employed as Readers/Private Secretaries to Hon'ble the Chief Justice and Judges of the Punjab and Haryana High Court at Chandigarh, have filed this writ petition under Article 226 of the Constitution for the issuance of a writ of mandamus or any other suitable writ, direction or order to the respondents to grant to the petitioners with effect from February 8, 1974, the revised scale of pay of Rupees 500-30-740/40-900, attached to the post of Private Secretary in the Punjab Civil Secretariat to which post they were specifically equated by the Government of India vide their letter, dated April 23, 1970 (copy Annexure P.1 to the petition), and for granting the other prayers as made in the writ petition.
(2.) The facts giving rise to this writ petition are these: Before the reorganisation of the State of Punjab in 1966, the High Court Establishment (Appointment and Conditions of Service) Rules, 1952 (hereinafter called the 1952 Rules) were framed by the Chief Justice under Art. 229 of the Constitution of India after previous reference to the Governor of Punjab as required under the proviso to this article, regulating the appointment to, and conditions of service of, persons serving on the staff attached to the High Court. Under Section 29 of the Punjab Reorganisation Act, 1966 (hereinafter called the 1966 Act), a common High Court for the States of Punjab and Haryana and the Union Territory of Chandigarh, called the High Court of Punjab and Haryana, was provided. It was further provided in Section 36 of the said Act that the principal seat of the common High Court shall, unless otherwise determined by the President after consultation with the Chief Justice of that High Court and the Governors of Punjab and Haryana, be at the same place as the principal seat of the High Court of Punjab immediately before the appointed day. In view of this provision, the principal seat of the High Court of Punjab and Haryana is at Chandigarh, which was constituted a new Union Territory from the appointed day, viz. 1st November, 1966.
(3.) Before examining the applicability of the 1952 Rules, reference to which shall be made in the later part of this judgment, it is necessary to examine some of the provisions of the 1966 Act. Section 2 (g) of this Act defines 'law' thus : " 'law' includes any enactment, ordinance, regulation, order, bye-law, rule, scheme, notification or other instrument having immediately before the appointed day, the force of law in the whole or in any part of the existing State of Punjab." Sub-section (6) of S. 82 of this Act provides "Nothing in this section shall be deemed to affect on or after the appointed day the operation of the provisions of Chapter I of Part XIV of the Constitution in relation to the determination of the conditions of service of persons serving in connection with the affairs of the Union or any State: Provided that the conditions of service applicable immediately before the appointed day to the case of any person referred to in sub-section (1) or sub-section (2) shall not be varied to his disadvantage except with the previous approval of the Central Government." Section 88 of the aforesaid Act reads "88. Territorial extent of laws. The provisions of Part II shall not be deemed to have effected any change in the territories to which any law in force immediately before the appointed day extends or applies, and territorial references in any such law to the State of Punjab shall, until otherwise provided by a competent Legislature or other competent authority, be construed as meaning the territories within that State immediately before the appointed day.";