Gauhati High Court (Principal Seat) Employees Association And Anr vs State Of Assam And Ors

Suman Shyam, J

Heard Mr. K. N. Choudhury, learned senior counsel assisted by Mr. J. Patowary, learned counsel appearing for the appellants. We have also heard Mr. T. J. Mahanta, learned Standing Counsel, Gauhati High Court and Mr. B. Gogoi, learned Standing Counsel, Finance Department, Assam, appearing for the State respondents.

By filing this writ appeal, the judgment and order dated 06.04.2017 passed by the learned Single Judge in WP(C) No.1724/2015 has been assailed by the writ petitioners as appellants on the grounds stated in the memo of appeal.

The core controversy in this proceeding pertains to the claim of the Gauhati High Court (Principal Seat) Employees Association for better pay structure and parity of pay with those employees of the High Court serving in the Outlying Benches. Taking note of the discrepancy in their pay structure and in view of the Revision of Pay Rules of the State of Assam (RoP Rules of 2017), which came into force with effect from 01.04.2016, covering the State Government employees, the Hon'ble Chief Justice, Gauhati High Court, in exercise of powers conferred under Article 229 of the Constitution of India, had framed "Gauhati High Court Revised Pay Rules, 2013 (Structure & Fixation). One of the basic object of the Rules of 2013 was to remove the disparity in the pay structure of Gauhati High Court employees in the Principal Seat. As per the provisions of Article 229 of the Constitution of India, Rules framed by the Chief Justice of the High Court relating to salaries and emoluments etc. having financial implications can be implemented only with the prior approval of the Governor of the State. Accordingly, the Rules of 2013, which were apparently modified again in the year 2015, were forwarded to the Judicial Department of the Government of Assam for placing the matter before the competent authority for necessary approval. However, when no action was taken in the matter even after lapse of considerable period of time, the appellants had approached this Court by filing WP(C) No.1724/2015 seeking a writ of mandamus directing the authorities to grant approval to the Rules of 2013.

After hearing the submission of learned counsel for all the contesting parties and upon threadbare analysis of the factual background of the case, the learned Single Judge had disposed of the writ petition by making the following observations and directions :-

"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. 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.

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."

Mr. Choudhury submits that in terms of the impugned judgment and order dated 06.04.2017, the members of the Appellant No.1 Association has been receiving the benefits of the revised pay scale. However, being aggrieved by the observations made in the order dated 06.04.2017, passed by the learned Single Judge in so far as the direction issued to the Registrar General, Gauhati High Court, to place the matter before the Hon'ble Chief Justice so as to make necessary modifications in the Rules, the present appeal has been filed.

Mr. Choudhury, learned senior counsel appearing for the appellants, further submits that his clients are basically aggrieved by the delay in the matter of finalizing the pay structure by giving the just dues to the officers of the Gauhati High Court (Principal Seat) and to that extent, the direction of the learned Single Judge would entail further delay and complication in the matter. Contending that the Government does not have the jurisdiction or authority to sit in appeal over the Rules farmed by the Chief Justice of the High Court under Article 229 of the Constitution of India, Mr. Choudhury submits that the approval of the Governor is required to be granted with the aid and advice of the Council of Ministers and therefore, this is a matter which ought to be first placed before the Assam Cabinet. In support of his aforesaid argument, Mr. Choudhury has relied upon the decision of the Supreme Court in the case of M. Gurumoorthy Vs. Accountant General, Assam and Nagaland and others reported in 1971 (2) SCC 137 and another decision of the Apex Court rendered in the case of State of Maharashtra Vs. Association of Court Stenos., P.A., P.S. and another reported in (2002)2 SCC 141.

Responding to the aforementioned submissions of Mr. Choudhury, Mr. T. J. Mahanta, learned Standing Counsel, Gauhati High Court, submits that after the order dated 06.04.2017 was passed by the learned Single Judge, the matter was placed before the Hon'ble Chief Justice whereafter, it was referred to the Rules Committee for necessary examination. However, due to the pendency of the Writ Appeal, no further action has been taken in the matter till today.

Mr. B. Gogoi, learned Standing Counsel, Finance Department, Assam, has submitted that although views of the Government pertaining to the financial constraint coming in the way of granting enhanced pay scale to the members of the Appellant No.1 Association has been highlighted in the affidavit filed by the Finance Department, yet, as on date, the Government has not rejected the Rules framed by the Hon'ble Chief Justice under Article 229 of the Constitution of India. Therefore, if the matter is processed through the Judicial Department, an appropriate decision would be taken in the matter of granting approval to the Rules by the Governor of Assam, in a time bound manner.

A perusal of the order dated 06.04.2017 goes to show that by the impugned order, the learned Single Judge did not decline relief to the writ petitioners but, after taking note of the some subsequent developments and the lapse of time since the Rules of 2013 were framed, a direction was issued to merely place the matter before the Chief Justice so as to consider, modification, if any, that were called for, in the light of the observations made in the order and thereafter, forward the Rules to the State Government so as to take appropriate decision in the matter within a period of four months from the date of receipt of the fresh proposal. Having regard to the facts and circumstances of the case, the aforesaid view expressed by the learned Single Judge, in our view, cannot be termed as unreasonable warranting interference by this Court. However, this Court is in agreement with the submission of Mr. Choudhury that the entire matter needs to be expedited so as to prevent any further delay in finalisation of the Rules.

After hearing the arguments advanced by learned counsel for all the parties, we are of the view that ends of justice would be met in this case if the Rules are forwarded to the competent authority for granting approval under Article 229 of the Constitution of India at the earliest and on receipt of the same, the matter is considered expeditiously and the decision of the Government is communicated to the Registry of this Court without any undue delay.

We, therefore, dispose of this appeal by upholding the impugned order dated 06.04.2017 passed by the learned Single Judge. The exercise, as contemplated by the impugned order dated 06.04.2017, be now carried forward by the Registrar General and completed, as expeditiously as possible. Once the Rules are forwarded to the Judicial Department for necessary approval, steps in the light of Article 229 of the Constitution of India, be initiated expeditiously and a decision in the matter of approval of the Rules be communicated to the High Court, within 60 (sixty) days from the date of receipt of the Rules.

The order dated 06.04.2017 stands modified to the above extent. The Writ Appeal stands disposed of accordingly.