SURJAN SINGH AND OTHERS Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) The petitioners were serving in the Circuit Bench of the Punjab High Court at Delhi. They continued to serve the High Court of Delhi established by the Delhi High Court Act, 1966, in pursuance of an order passed by the Hon'ble the Chief Justice of the Delhi High Court on 31-10-1966 in the following words:-

(2.) As employees of the Punjab High Court, the condition of service of the petitioners were governed by the Punjab Civil Services Rules, 1959 as amended in 1963 inasmuch as the Honourable the Chief Justice of the Punjab High Court agreed to the application of these rules as amended from time to time to the officers and servants of the Punjab High Court. Under Rule 2.44(a) of the Punjab Civil Services Rules "pay" was defined as the pay, other than special pay or pay granted in view of personal qualifications which has been sanctioned for a post held by the Government servant substantively or in an officiating capacity including overseas pay, technical pay, special pay, personal pay and any other emoluments which may be specially classed as pay by the competent authority. Therefore, "dearness pay" which was classed as pay was included in the pay of the petitioners under the Punjab Civil Services Rules. The rates of dearness pay were those as shown in Annexure A of the writ petition. This dearness pay being a part of the pay counted towards pension, house rent allowance etc.

(3.) The Government of India, Ministry of Home Affairs, however, issued a letter on 29-10-1966 being Annexure R-l to the written statement filed by the respondents by which the sanction of the President to the creation of the various posts in the High Court of Delhi on the pay scales shown against them was purported to be given. It was further stated that persons from the Punjab High Court establishment working in the Delhi High Court and persons whose services may be obtained from the Punjab High Court in future would be given an option either to continue on their own scales of pay and allowances including special pay or come over in the new scales of pay sanctioned for posts at items 4 to 30 in para 1 of the above letter. Lastly it was stated that the expenditure would be met from the Consolidated Fund of India. This was followed by letter dated 1st July, 1969 at Annexure F of the writ petition from the Accountant General, Central Revenues, that in the case of employees transferred from the Punjab High Court to the scales of pay sanctioned in the letter dated 29-10-1966 for the staff of the Delhi High Court the pay should be fixed in such a manner that the total emoluments of the employees remain the same. For this purpose, the basic pay, dearness allowance and temporary allowance in the case of Punjab scale and basic pay and dearness allowance in the case of Central scale should be taken into account.