Research › Search › Judgment

J&K High Court · body

2006 DIGILAW 41 (JK)

Raghbir Lal Kohli v. State Of J. &K.

2006-03-17

PERMOD KOHLI

body2006
1. It is unfortunate that the judicial employees are compelled to seek judicial remedies time and again for the redressal of their grievances particularly while seeking parity with the Government Employees working in the Secretariat. As far the Secretariat Employees are concerned, they are allowed benefit of the promotion/higher pay scales voluntarily by the Government and when it comes to conferment of the similar benefits on the basis of the entitlement of the judicial employees impediments are being created on one pretext or the other forcing the judicial employees to seek legal remedies. Petitioners herein are judicial employees and this is their third round of litigation for the redressal of their grievances through judicial intervention. It may be useful to briefly noticed the background where under the petitioners have been forced to approach this court in series of litigation. 2. All the petitioners are presently posted as Principal Private Secretaries to the Honble Judges of this Court and are placed in the pay-scale of 9000-14100. Being denied similar treatment as given to the Private Secretaries working with the Ministers and Ministers of State in the State Government falling under J&K Secretariat (Gazetted Service), some of the petitioners filed writ petition No.987/91 invoking principle of equal pay for equal work and parity with their counter parts working with the Ministers, Minister of State and Head of the Department in the executive. This writ petition was allowed vide judgment dated 17th July, 92 and appeals preferred there from right up to the Apex Court came to be dismissed. As a consequence of the aforesaid judgments, petitioners were treated at par with the Private Secretaries working in the Secretariat, referred to above. Subsequently the Private Secretaries working in the Secretariat were placed in the selection grade of Rs.9000-14100 equivalent to 25% of the cadre strength with at least 5 years service in the regular grade of 2125-3600 (pre-revised) vide Government Order No.476-GAD of 1996 dt.3rd July, 96. The benefit of Selection Grade was allowed w.e.f. 2nd June, 96. This was followed by Government Order No.142-GAD/98 dated 19-11-1998 whereby eleven more Private Secretaries working in the Secretariat were granted Selection Grade of Rs.9000-14100. Though petitioners were earlier treated at par with the private secretaries working in the Secretariat, they were not allowed similar benefits. The benefit of Selection Grade was allowed w.e.f. 2nd June, 96. This was followed by Government Order No.142-GAD/98 dated 19-11-1998 whereby eleven more Private Secretaries working in the Secretariat were granted Selection Grade of Rs.9000-14100. Though petitioners were earlier treated at par with the private secretaries working in the Secretariat, they were not allowed similar benefits. Denial of such a benefit compelled the petitioners to file another writ petition (SWP) No 295/98 for grant of the similar benefits as were allowed to their counter-parts in the Secretariat Service. This writ petition also succeeded vide judgment dated 7-4-2000 by the writ court. After observing that the petitioners are at par with the private secretaries working in the Secretariat, the writ court thus observed: - "iv)That benefit of selection grade of Rs.2500-4000 (Old) now revised to Rs.9000-300-14100 would be given to the 25% of cadre strength of petitioners from the same date i.e. 22.6.1996, from which date it has been given to the Private Secretaries falling in J&K Secretariat (Gazetted) Service (Vide Government Order No.476-GAD of 1996 dated 3-7-1996) along with all consequential benefits including arrears." 3. While issuing aforesaid direction, respondents were given 90 days time to implement the judgment failing which interest was ordered @ 12%. This judgment dated 7-4-2000 was appealed against before the Division Bench of this court, however, in the meanwhile State issued Government Order No.705/LD(A) of 2001 dated 17-3-01 whereby sanction was accorded for the creation and up-gradation of various posts in High Court and sub-ordinate judiciary which inter-alia included grant of selection grade of Rs.9000-14100 for 25% of the sanctioned number of posts of Private Secretaries. With the sanction of aforesaid posts High Court issued Order No.181 dated 28th May, 01 re-designated the petitioners as Principal Private Secretaries from the date they were placed in the Selection Grade of Rs.9000-14100. Government also issued Government Order No.2642-LD(a) dated 16-10-01 providing selection grade of Rs.9000-14100 for the 25% sanctioned number of posts of Private Secretaries. This order was, however, subject to the outcome of the appeals pending before the Division Bench i.e. LPA(W) 268/2000 and LP(W) no.27/2000. Both these LPAs were dismissed on 29th November,01 by a common order. Government also issued Government Order No.2642-LD(a) dated 16-10-01 providing selection grade of Rs.9000-14100 for the 25% sanctioned number of posts of Private Secretaries. This order was, however, subject to the outcome of the appeals pending before the Division Bench i.e. LPA(W) 268/2000 and LP(W) no.27/2000. Both these LPAs were dismissed on 29th November,01 by a common order. As a consequence of the dismissal of the LPA petitioners have been placed in the Selection Grade of 9000-14100 w.e.f. following dates:- Petitioners No.1 and 2 : 22/06/96 Petitioner No.3 : 01/10/96 Petitioner No.4 : 22/04/2000 Vide Order No.14899-900/GS dated 29-1-03. 4. While the petitioners were granted benefits equivalent to their counter parts in the Secretariat through judicial intervention, the State Government issued another Government Order No.80-GAD of 2003 dated 16-01-03 pursuant to Cabinet Decision No.4/1 dated 16th January, 03 whereby nine Principal Private Secretaries working in the Grade of Rs.9000-14100 in the J&K Secretariat (Gazetted) Service-II PSS have been inducted into Kashmir Administrative Service and given higher grade of Rs.10,000-15,200/-. Out of these nine inductees to KAS three of the Principal Secretaries have been re-designated as Special Assistants and Deputy Secretaries respectively vide Government Order No.120-GAD/03 dated 22nd January, 03. Petitioners are seeking similar treatment as has been granted to the Principal Private Secretaries working in the J&K Secretariat (Gazetted Service) on the doctrine of equal pay for equal work and parity. 5. Despite notice of this petition to the respondents, objections were not filed. This petition was admitted to hearing on 17th October,03 and thereafter various opportunities were provided for filing counter. On the failure of the respondents to file counter, right to file counter was closed on 4th March, 04. Petition finally heard for final disposal. 6. Only question needs to be examined is whether the petitioners are entitled to be placed in the higher pay-scale of Rs.10,000-15200 on the ground of parity and equal pay for equal work. With a view to find out whether the principle of equal pay for equal work is applicable or not, it is useful to refer to above mentioned judgment of this court. With a view to find out whether the principle of equal pay for equal work is applicable or not, it is useful to refer to above mentioned judgment of this court. Relevant part of the judgment dated 17-7-92 passed in Writ Petition No.987/91 be quoted as under:- "It has not been disputed by the respondents that under the General Clauses Act of the State the expression "Minister" includes "Judges of the High Court" for the purposes of protocol, status and other benefits. It is also not disputed that the PAs now private Secretaries of the Ministers and the PAs of the Judges were performing the same type of duties and the fact that they form one class of the employees similarly situate. The respondents have not been in a position to justify their action of making discrimination in respect of making different provisions for the grant of salary to the petitioners who were similarly situate along with the PAs of the Ministers and Ministers of the State. When the nature, character and duties of the posts are the same, the petitioners cannot be treated differently in the matters of emoluments." 7. Above observations by this court clearly establish that the petitioners are similarly situate as the Private Secretaries in the Secretariat belong to J&K Secretariat (Gazetted Service) were. It is also no denial of the fact that the nature of the duties of Private Secretaries of the Judges of the High Court and those working with the Honble Ministers and Minister of State and head of the departments are same. Duty of the Private Secretaries working with the Honble Judges is more onerous and sensitive. They have to maintain utmost secrecy. Their responsibilities are also atleast equal, if not, more than the Private Secretaries working with the Honble Ministers. Therefore, they cannot be treated differently, separately and with hostility. They have to be treated equally and at par with their counter parts working in the Secretariat. Merely because the State has the financial control over the employees of the judiciary, the State cannot be permitted to treat similarly situated employees of the High Court and those working in the Government differently. The question of their similarity of job already stands adjudicated upon by this court and the findings have been confirmed by the Apex Court. Merely because the State has the financial control over the employees of the judiciary, the State cannot be permitted to treat similarly situated employees of the High Court and those working in the Government differently. The question of their similarity of job already stands adjudicated upon by this court and the findings have been confirmed by the Apex Court. Therefore, petitioners are to be treated at par with the Private Secretaries working in the Secretariat. No doubt petitioners cannot be inducted into KAS as has been done in case of the Private Secretaries Vide Government Order No.80-GAD/03 dated 16-1-03, but definitely they have to be placed in the pay-scale equivalent to the pay-scale of the inductees i.e. Rs.10,000-15,200. It is also relevant to note here that the State has issued Government Order No.705-LD(a) of 2001 dated 17-3-01 whereby certain posts have been upgraded in the High Court in the pay-scale of Rs.10,000-15,200, the pay-scale equivalent to the pay-scale of inductees into KAS. Relevant extract of this Government Order is quoted hereunder for reference: "Government Order No.705-LD(A) of 2001. D a t e d : 17-03-2001. Sanction is accorded to the creation/upgradation of the following posts in the High Court and Sub-ordinate Judiciary:- I.High Court- (1) Creation of two posts of Deputy Registrars in the pay scale of Rs.10,000-15,200; (2) Creation of two posts of Protocol Officers in the pay scale of Rs.7500-12000 by corresponding reduction of two posts of Court Officers (Rs.6500-10500); (3) Provision of selection scale of Rs.9000-14100 for 25% of sanctioned number of posts of Private Secretaries (Rs.7500-12000); (4) Provision of selection scale of Rs.9000-14100 for 25% of the sanctioned number of posts of Readers (Rs.7500-12000); and (5) Creation of one post of Registrar (Rules/Protocol) in the scale of Rs.12000-16500 by corresponding reduction of one post of Deputy Registrar (Rules) in the scale of Rs.10000-15200. II........................................." 8. This Government Order clearly establish that an equivalent pay-scale i.e. Rs.10,000-15200 is available in the High Court and there is no reason that the benefit of this pay-scale be not allowed to the petitioners. II........................................." 8. This Government Order clearly establish that an equivalent pay-scale i.e. Rs.10,000-15200 is available in the High Court and there is no reason that the benefit of this pay-scale be not allowed to the petitioners. What designation is to be given when petitioners are given the benefit of higher pay-scale, be left to the wisdom of the High Court, but in so far as the financial benefit is concerned State/Respondent is under legal obligation to give the same benefits to the petitioners as has been allowed to the Private Secretaries working in the Secretariat. This petition accordingly succeeds and a direction is issued to the respondent/State to place the petitioners in the higher pay-scale of Rs.10,000-15200 w.e.f. 16-1-03, the date similarly situated persons in the J&K Civil Secretariat (Gazetted) Service-II PSS were given. The salary/emoluments of the petitioners shall be fixed accordingly.