R K KAMALA DEVI Vs. REGISTRAR JUDL GAUHATI HIGH COURT

JUDGEMENT

(1.) The common thread that runs through the wharf and whap of these petitions clubbed together is the disparity in pay-scales and discrimination in conditions of service of the subordinate staff of the High Court at the outlying Bench at Imphal.

(2.) The petitioners are all employees of the Registry of the Gauhati High Court at different levels. The thematic theme of their contention is that while their counterparts at the Imphal Bench are being paid higher pay-scales they are required to work on a lower pay-scales. The rules as enforceable at Imphal Bench of the same High Court have led to anomalies resulting in junior ones getting higher pay-scales and the seniors are drawing a lesser amount of salary.

(3.) It would not be out of place to have a brief resume of the history of Administration of Justice in the State of Manipur, which was a native State forming part of the Dominion of India under the Government of India Act, 1935 and remained a part of the British Raj. After independence the State of Manipur merged with the Dominion of India on 15.10.49 under the Merger Agreement of 1949. On coming into force of the Constitution of India, it became a part-C State. With the result that the laws and statute enumerated in the Merged State Laws Act, 1949 were also extended to the State of Manipur subject to certain exceptions or restrictions as contained in the Part-C State Laws Act, 1950. With the coming into force of the Union Territories Act, 1963 Manipur became a Union Territory. It was in 195 5 that Manipur Courts Act was passed by the Parliament. Section 9 thereof provided as under: "Registrar and Ministerial Officers of the Court of the Judicial Commissioner- (1) The Judicial Commissioner may appoint a Registrar and such other ministerial officers as may be necessary for the administration of justice by the Court of the Judicial Commissioner and for the exercise of the powers and the performance of the duties conferred or imposed on the Court by or under this Act or any other law for the time being in force. (2) The Judicial Commissioner may make rules for delegating to the Registrar such powers and the duties of a judicial, quasi-judicial nature as he thinks fit and the ministerial officers shall exercise such powers and perform such duties of a quasi-judicial or non-judicial nature as the Judicial Commissioner may direct."