A. Raghuvir, C.J.— The petitioner was appointed as Grade-I Stenographer in 1971 and he was promoted to the post of Principal Private Secretary to Chief Justice (P.P.S.) in March, 1982. He retired in the month of November, 1984. The question that is raised in this writ petition relates to special pay which was denied to him. On February 26, 1982 the petitioner was appointed as the P.P.S. on the scale of pay of Rs. 1150-55-1315-EB-60-1675/-P.M. It is in this context two questions are raised one is what is the status of P.P.S. in the High Court, On this aspect the Registrar of the High Court in a letter addressed to Secretary to the Govt. of Assam, Judicial Department on September 21, 1984 (Annexure I) stated that "the rank and status of the Principal Private Secretary to the Hon'ble Chief Justice are equivalent to the Deputy Registrar of the High Court and consequently to the Deputy Secretary to the Government of Assam. The scale of pay of the Principal Private Secretary to Hon'ble Chief Justice is also at par with the pay scale of the said officer. As the special pay has been granted to the said equivalent posts, the Principal Private Secretary is also entitled to the special pay, and the Hon'ble Chief Justice had already approved of the special pay to the Principal Private Secretary." The second question is if the petitioners is of the rank of the Deputy Registrar in the High Court Rules whether he is not entitled to special pay of Rs.200/- per month. In this regard the learned counsel for the petitioner pointed out that the P.P.S. of the Chief Minister as per Pay Commission's Report at page 47 is entitled to be paid Rs. 200/-per month as a special pay. The principal ground for opposition is raised in para 6 of the counter which reads thus "That as regards the statements made in paragraphs 9, 10 and H of the writ petition, this deponent begs to state that the post of Principal Private Secretary to the Hon'ble Chief Justice is filled up from the Stenograph Grade-I. The pay scale"5of Stenographer Grade-I is Rs. 1125/- to Rs.1975/- and the pay scale of Principal Private Secretary to the Hon'ble Chief Justice is Rs. 1675/-to 2300/- and as such there is a big difference between the two pay scales. That the higher pay scale of Rs.
1125/- to Rs.1975/- and the pay scale of Principal Private Secretary to the Hon'ble Chief Justice is Rs. 1675/-to 2300/- and as such there is a big difference between the two pay scales. That the higher pay scale of Rs. 1675/- to 2300/-. has been allowed to P.P.S. to the Chief Justice taking into consideration the nature of duties attached to the post and so, there is no scope for granting special pay to the incumbent of the post. But, however, in consideration of the fact that a Stenographer Grade-I is entitled to a special pay of Rs. 100/- P.M. when appointed as a Private Secretary, the Finance Department, Government of Assam was pleased to grant a special pay of Rs. 100/- P.M. in respect of the Principal Private Secretary to the Hon'ble Chief Justice. This deponent further begs to state that in view of the position of the P.P.S. stated above, it is difficult to agree or grant enhancement of special pay from Rs. 100/- to Rs. 200/- for the P.P.S. to the Hon'ble Chief Justice.” As per the counter it is stated that a Stenographer Grade-1 is entitled loan special pay of Rs.100/- per month. On appointment as P.P.S. the petitioner is not a Stenographer Grade-I but he of the rank of Deputy Registrar. It is enumerated in Appendix 'H' of the Gauhati High Court Rules at page 34 where his pay has been fixed at Rs.1150-1675/-. So, this ground does not stand scrutiny. It is represented that in the recent Pay Commission Reports Rs.200/-has been recommended but that is a .recommendation only. By Government's letter No, JDJ-225/83/13 dated November 16, 1983, Assistant Registrars also are accorded special pay of Rs.200/-. Therefore, if a lower officer than that of a Deputy Registrar, tamely, Assistant Registrar is ordered to be paid Rs. 200/- as a special pay there is no reason shown as to why the petitioner is not entitled to Rs.200/- as special pay. It is on the above facts we hold that under Article 14 of the Constitution the petitioner's rights are violated. Rs. 100/- per month has already been paid to the petitioner as special pay. He is entitled to be paid Rs.200/- per month as special pay minus Rs. 100/-which has been paid in the past.
It is on the above facts we hold that under Article 14 of the Constitution the petitioner's rights are violated. Rs. 100/- per month has already been paid to the petitioner as special pay. He is entitled to be paid Rs.200/- per month as special pay minus Rs. 100/-which has been paid in the past. It is declared that the petitioner is entitled to a special pay of Rs.200/- per month for the period for which he worked as P.P.S. that is, between March, 1982 and November, 1984 and he be paid deducting what has already been paid to him. This amount pay also be taken into consideration if in law it is entitled to be computed for the purpose of pension. The writ petition is ordered accordingly.