M GURU MOORTHY Vs. ACCOUNTANT GENERAL ASSAM AND NAGALAND

JUDGEMENT

(1.) , J. : - This is an appeal by certificate from a judgment of the High Court of Assam and Nagaland dismissing a petition filed by the appellant under Article 226 of the Constitution.

(2.) IT is necessary to set out the facts and the relevant correspondence in order to determine the points which have to be decided. The Assam Government had sanctioned the post of Secretary to the Chief Justice on a temporary basis with a pay scale of Rs. 400-20-500 for a period of one year with effect from 13/07/1948. IT appears from the letter of the Registrar of the High Court to the Secretary, Judicial Department, dated 25/08/1955 that although the said post had been sanctioned but there was hardly sufficient work for a whole time Secretary at that time. The post was not filled up and the duties of the Secretary were performed by the Stenographer attached to the Chief Justice. He got a special pay of Rs 50/- per mensem which had been sanctioned by the Government in 1950. This arrangement continued till 20/02/1955. From 21/02/1955 a Lower Division Assistant was appointed to perform the duties of Private Secretary in addition to his own duties. He also got a special pay of Rs. 50.00 per mensem. By the aforesaid letter the view of the Chief Justice was conveyed that services of a whole time Secretary were indispensable and necessary for proper discharge of administrative functions and work of a confidential character which had gradually increased. Request was, therefore made to the Government to sanction the post of a whole time Secretary to the Chief Justice permanently on the same scale which had been sanctioned in 1948. IT may be mentioned that at that time the Stenographers Service in the High Court consisted of 7 permanent posts. There was one temporary post of Secretary to the Chief Justice. Out of the 7 permanent posts them were 4 posts of Stenographer Grade I and 3 posts of Stenographer Grade II. IT seems that the Government had re- organised the Secretariat Stenographers Service with effect from 21/05/1955. The Selection Grade Stenographer was given the scale of pay of Rs. 400-20-600 plus allowances. On 14/02/1956 the Registrar addressed a letter to the chief Secretary saving that the chief Justice had reorganised the Stenographers Service in the High Court (presumably on the same lines as had been done by the Government) with a view to providing them with sufficient incentive. There was to be a selection grade Stenographer in the scale of pay of Rs. 400-20-600 plus allowances and there were to be 3, posts of Stenographer Grade I (Senior). One post of Stenographer Grade I (Junior) and 2 posts of Stenographers Grade II. In other words there were to be 7 posts of permanent Stenographers in addition to the post of a Secretary. On 16/04/1956 the Government wrote to the Registrar conveying the sanction of the Governor to the creation of a post of secretary to the Chief Justice for the time being in the same scale as before subject to the revision by the Pay Committee.

(3.) ON 15/11/1965 the appellant filed a petition under Article 226 of the Constitution which was heard on 2/01/1967 by a division bench consisting of C. S. Nayadu and S. K. Dutta JJ. The learned Judges differed in their decision. Nayudu J. dismissed the petition where Dutta J. allowed it. The petition was referred to a third Judge Goswami J. who agreed with the judgment of Nayudu J.