JUDGMENT & ORDER : Ujjal Bhuyan, J. 1. Heard Mr. P. N. Goswami, learned counsel for the petitioners, Mr. D. Saikia, learned Advocate General, Assam assisted by Ms. Verma, learned Standing Counsel, Finance Department and Mr. S.K. Medhi, learned Standing Counsel, Gauhati High Court. 2. By filing this petition under Article 226 of the Constitution of India, petitioners seek a direction to the respondents to grant approval to the Gauhati High Court (Revised Pay) Rules, 2013 (Structure and Fixation), as framed by the Hon'ble Chief Justice in exercise of powers conferred under Article 229 of the Constitution of India. 3. Petitioner No. 1 is the Gauhati High Court (Principal Seat) Employees' Association and petitioner No. 2 is its General Secretary. Basic grievance of the petitioners relates to providing of higher and better pay and allowance to the officers and staff of the Gauhati High Court (Principal Seat) by granting approval to the Gauhati High Court (Revised Pay) Rules, 2013 (Structure and Fixation) (2013 Rules hereinafter). 4. This case was instituted in the year 2015 and was extensively heard at various stages. Before putting a final and formal closure to the proceeding, it would be useful to briefly recapitulate the facts and the progress of the case. 5. As a matter of fact, at the time of admission hearing, a detailed order was passed on 04.04.2016. 6. Matter relating to fixation of higher and better salary and improved service conditions of the employees of the Gauhati High Court (Principal Seat) had drawn the attention of various authorities since the year 2002. At one point of time, it was thought that pay and other service conditions of the officers and staff of the Gauhati High Court (Principal Seat) should also be brought within the ambit of the pay commission constituted by the Government of Assam for examination and recommendation of pay and other conditions of service of the State Government employees. However, Assam Pay Commission, 2008, in its report clarified that mandate of the pay commission did not extend to dealing with pay and allowances of the employees of the High Court. As a matter of fact, Rule 2(b)(vi) of the Assam Services (Revision of Pay) Rules, 2010, which was framed following acceptance of the recommendations of the Assam Pay Commission, 2008, specifically mentioned that the said Rules would not be applicable to the officers and staff of the Gauhati High Court. As a matter of fact, Rule 2(b)(vi) of the Assam Services (Revision of Pay) Rules, 2010, which was framed following acceptance of the recommendations of the Assam Pay Commission, 2008, specifically mentioned that the said Rules would not be applicable to the officers and staff of the Gauhati High Court. 7. In view of the above position, several representations came to be filed by the petitioners and others. In the light of the above, Registrar General, Gauhati High Court had suggested to the Legal Remembrancer and Secretary to the Government of Assam, Judicial Department on 19.02.2010 to move the State Government so that officers and staff of the Gauhati High Court (Principal Seat) received equivalent pay scales and other benefits as extended to the State Government employees under the Assam Services (Revision of Pay) Rules, 2010. In the course of hearing, Court was informed that approval was granted by the State Government to the above suggestion of the Registrar General and, as an interim measure, pay and allowances of the officers and staff of the Gauhati High Court (Principal Seat) are being paid as per the aforesaid Rules of 2010. 8. On the administrative side, a report was prepared by the Gauhati High Court suggesting better and higher pay and allowances for the officers and staff of the Gauhati High Court (Principal Seat), which was subsequently approved by a Committee of Judges. 9. In the meanwhile, in a related litigation relating to providing dress allowance, conveyance allowance, special pay etc. to certain categories of employees of the Agartala Bench of the Gauhati High Court, a Division Bench of this Court enlarged the scope of the litigation to bring within its ambit pay scales of the employees of the Gauhati High Court. It was suggested that service conditions of the employees of the Gauhati High Court being governed by Article 229 of the Constitution of India, appropriate decision may be taken under Article 229 by Hon'ble the Chief Justice at the first instance, and thereafter, by the State Government in accordance with law. It was thereafter that the 2013 Rules came to be framed which provides for pay and allowances to the officers and staff of the Gauhati High Court (Principal Seat). This was forwarded by the Registry to the Government for necessary approval. 10. It was thereafter that the 2013 Rules came to be framed which provides for pay and allowances to the officers and staff of the Gauhati High Court (Principal Seat). This was forwarded by the Registry to the Government for necessary approval. 10. This was necessary because as per Article 229 (2), more particularly the proviso thereto, subject to the provisions of any law made by the Legislature of the State, the conditions of service of officers and servants of a High Court shall be such as maybe prescribed by rules made by the Chief Justice of the High Court or by some other Judge or officer of the court authorised by the Chief Justice to make rules for the purpose, provided that the rules made under this clause in so far it relates to salary, allowance, leave or pension shall require the approval of the Governor of the State. Since the 2013 Rules had financial implications and related to the salaries, allowances etc. of the employees, it required the approval of the Governor and, therefore, the 2013 Rules were forwarded to the Government for approval. 11. It appears that though a series of correspondences had taken place between the High Court and the State Government, nothing concrete came out of it, compelling the petitioners to file this writ petition. 12. After notice was issued, Finance Department represented by the respondent No. 2 had filed affidavit. Though nothing specific was commented upon the 2013 Rules, it was stated that exchange of views and discussions between the two sides were going on. 13. In the meanwhile, a meeting of the Hon'ble Chief Minister of Assam and Hon'ble Chief Justice (Acting), Gauhati High Court was held on 25.06.2015 to discuss various issues relating to the judiciary. Regarding better and higher pay and allowances of the officers and staff of the Gauhati High Court (Principal Seat), it was agreed upon that Registrar General of the High Court, Principal Secretary to the Government of Assam, Finance Department and Legal Remembrancer-cum-Secretary to the Government of Assam, Judicial Department would sit together and find out an acceptable solution. Following such meeting between the two high constitutional functionaries, a series of meetings took place between the said authorities, referred to as the High Powered Committee, hereinafter. 14. Following such meeting between the two high constitutional functionaries, a series of meetings took place between the said authorities, referred to as the High Powered Committee, hereinafter. 14. In the meanwhile, in the ongoing proceeding, respondent No. 2 filed an affidavit on 05.11.2015 wherein, reference was made to the minutes of the High Powered Committee meeting held on 11.09.2015. It was stated that the High Powered Committee had resolved that Finance Department would come up with an alternative option having regard to the following special characteristics:- 1. Unique working conditions of the employees of the Gauhati High Court (Principal Seat) should be duly taken into account; 2. There should be increase in the existing gross pay drawn by the employees against each post sanctioned; and 3. Such increase should be linked with salary in such a way that it would benefit the employees while drawing the pensionary benefits. 14.1. It was proposed by the Government of Assam, Finance Department that the 2013 Rules may be modified and in recognition of the unique nature of service rendered by the employees of the Gauhati High Court (Principal Seat) concept of Principal Seat Pay was evolved and introduced which would be applicable to the officers and staff over and above the existing pay scales drawn by them. This concept was formulated taking into account the unique working conditions of the employees of the Gauhati High Court (Principal Seat). Detailed particulars were furnished in the said affidavit showing the financial implication on account of grant of Principal Seat Pay and the likely incremental benefit to each category of employees following grant of such Principal Seat Pay. 15. It was in that context that while admitting the writ petition for hearing on 04.04.2016, the following order came to be passed:- " 29.Having regard to the discussions made above, as an interim measure, respondent Nos.1, 2 and 3 are directed to give effect to the proposal of the Finance Department, Govt. of Assam, with regard to payment of additional 'Principal Seat Pay' (PSP) to the officers and staff of the Gauhati High Court (Principal Seat) including such PSP while calculating Dearness Allowance, House Rent Allowance, pension, etc. It shall be given effect to from 01.01.2006 for the purpose of notional benefits and from 01.04.2008 for the purpose of calculating arrear pay. of Assam, with regard to payment of additional 'Principal Seat Pay' (PSP) to the officers and staff of the Gauhati High Court (Principal Seat) including such PSP while calculating Dearness Allowance, House Rent Allowance, pension, etc. It shall be given effect to from 01.01.2006 for the purpose of notional benefits and from 01.04.2008 for the purpose of calculating arrear pay. It is clarified that the above payment would be in addition to such benefits which the officers and staff of the Gauhati High Court (Principal Seat) may be entitled as granted to the State Government employees under the 2010 Rules. Let Principal Seat Pay be paid as part of the current salary with effect from 01.07.2016 and the arrears from 01.04.2008 to 30.06.2016 shall be paid during the month of July, 2016. 30. In the meanwhile, Registrar General, Gauhati High Court, would continue the deliberations through the High Powered Committee constituted following the meeting between Hon'ble the Chief Justice (Acting) and Hon'ble Chief Minister, Assam, on 25.06.2015. Let the next meeting of the High Powered Committee be convened in the first week of May, 2016, where after deliberations may be continued and outcome of such deliberations shall be placed before the Court on the next date." 16. Following the aforesaid order of this Court, a notification dated 16.08.2016 was issued by the Judicial Department, Government of Assam providing for Principal Seat Pay to the officers and staff of the Gauhati High Court (Principal Seat) in addition to their existing pay and allowances to be given notional effect from 01.01.2006 and arrears w.e.f. 01.04.2008. It was clarified that Principal Seat Pay would be in addition to the respective pay of the officers and staff in the pay band and grade pay for determining basic pay. In other words, the basic pay would include pay in the pay band + grade pay + Principal Seat Pay. It was clarified by the Government that dearness allowance, house rent allowance, pension etc. would be paid on the basic pay arrived at in the aforesaid matter. 17. It has been submitted that the aforesaid proposal for grant of Principal Seat Pay vide notification dated 16.08.2016 was accepted by the Gauhati High Court where after, officers and staff of the Principal Seat of the Gauhati High Court received their arrears and current salaries including the Principal Seat Pay, as above. 18. 17. It has been submitted that the aforesaid proposal for grant of Principal Seat Pay vide notification dated 16.08.2016 was accepted by the Gauhati High Court where after, officers and staff of the Principal Seat of the Gauhati High Court received their arrears and current salaries including the Principal Seat Pay, as above. 18. The sequence of the events which unfolded during the pendency of this proceeding before the Court, discloses that there was convergence of views which resulted in evolving a totally new concept of Principal Seat Pay now being granted to the officers and staff of the Gauhati High Court (Principal Seat) primarily in acknowledgement of the unique working conditions of the officers and staff of the Gauhati High Court (Principal Seat). This concept of Principal Seat Pay was not there in the 2013 Rules. That apart, much water has flown down the Brahmaputra since 2013 when the 2013 Rules were framed and 2017 by which time the State Government has accepted the recommendations of the 7th Assam Pay and Productivity Commission, which provides for much improved salary package and service conditions of the State Government employees. As per earlier arrangement agreed upon between the Gauhati High Court and the State Government, the benefits granted to the State Government employees following pay revision in 2010 would now have to be granted to the officers and staff of the Gauhati High Court (Principal Seat) following the present pay revision exercise till finalization of the Rules governing pay and allowances of the officers and staff of the Gauhati High Court (Principal Seat). Viewed in that context, the 2013 Rules, as alluded to herein above, may have to be revisited, particularly in the light of the concept of the Principal Seat Pay which would now have to be factored in such Rules. 19. At an earlier point of time, detailed submissions were made regarding the scope and ambit of Article 229 of the Constitution of India. This aspect of the matter was summed up in paragraph 22 of the order dated 04.04.2016 which is reproduced here under:- " 22.The law relating to Article 229 of the Constitution appears to have crystallized by now. At an earlier point of time, detailed submissions were made regarding the scope and ambit of Article 229 of the Constitution of India. This aspect of the matter was summed up in paragraph 22 of the order dated 04.04.2016 which is reproduced here under:- " 22.The law relating to Article 229 of the Constitution appears to have crystallized by now. The trend as can be deciphered from the various judicial pronouncements is that having regard to the high constitutional status of the Chief Justice of a High Court, once a Rule is framed under Article 229 of the Constitution relating to salary, allowances, leave or pension of the High Court staff, ordinarily and generally, approval should be accorded by the State Government. When such a Rule is framed by a very high dignitary of the State, it should be looked upon with respect and unless there is very good reason not to grant approval, approval should always be granted. While considering grant of approval to such a Rule, it should not be the concern of the State as to how and in what manner the Chief Justice has laid down the Rules. In case of disagreement, there should be exchange of thoughts and views between the Government and the Hon'ble the Chief Justice. Government would have to bear in mind the special nature of work done in the High Court which Hon'ble the Chief Justice and his colleagues can only appreciate. If the Rules framed by Hon'ble the Chief Justice is not approved save and except for very compelling reasons, administration of the High Court will face severe crisis. Question of financial implication because of pay revision of employees as proposed by the High Court and that the same may have adverse effect on the other employees of the State would not factor in while considering grant of approval. In a matter like this, High Court on the judicial side would ordinarily exercise restraint and would not intervene by issuing a writ of Mandamus or a writ in the nature of Mandamus except in exceptional cases." 20. Court has also noticed that there is a broad consensus at the Bar that the 2013 Rules, as framed, may have to be revisited in view of the subsequent developments as notice above. Court has also noticed that there is a broad consensus at the Bar that the 2013 Rules, as framed, may have to be revisited in view of the subsequent developments as notice above. Accordingly and in the light of the above, respondent No. 4 i.e., Registrar General, Gauhati High Court is directed to place the matter before Hon'ble the Chief Justice at an early date so that necessary modification may be made to the 2013 Rules or altogether a new set of Rules may be framed having regard to the grant of Principal Seat Pay to the officers and staff of the Gauhati High Court (Principal Seat) and taking into consideration the revised pay scales provided to the State Government employees as per recommendations of the 7th Assam Pay and Productivity Commission. Once the said exercise is completed at the level of the Gauhati High Court, the same may be forwarded to the State Government which in turn shall take appropriate decision thereon within a period of four months from the date of receipt of fresh proposal from the Gauhati High Court having regard to the mandate of Article 229 of the Constitution of India, as explained above. 21. Till finalization of the Rules as above, benefits extended to the State Government employees by the Government of Assam in terms of the 7th Assam Pay and Productivity Commission shall also be extended to the officers and staff of the Gauhati High Court (Principal Seat). Needless to say, the Principal Seat Pay granted to the officers and staff would be in addition to the above. 22. Before parting with the record, Court hopes and trusts that the State Government will rise to the occasion and do the needful so that the officers and staff of the Gauhati High Court (Principal Seat) are given their due and that they do not feel compelled to approach the Court again. 23. With these observation and direction, writ petition is formally closed. 24. Copies of this order may be furnished to all learned counsel for the parties.