Case: State Of Andhra Pradesh &amp; Anr Vs. T. Gopalakrishna Murthi &amp; Ors

A few facts may be stated for determination of the point at issue. In April, 1965 a Pay Commission was appointed by the Government to make recommendations in regard to the revision of pay scales of Government employees in the various services . The Pay Commission submitted its report in 1967. In respect of certain categories of the High Court staff, but not all, the Commission recommended to give them the pay scales of their counter-parts in the Secretariat.The Assistant Secretary to the Government wrote a letter dated 12-2-1969 to the Registrar requesting that a comprehensive note together with the latest scales of pay obtaining in the other High Courts may kindly be sent to the Government for placing the same before the Officers Committee for consideration. A detailed letter dated 31-3- 1969 was written by the Registrar to the Government with reference to some earlier letters of the High Court and in reply to the Governments letter date d 12.2.1969. Facts and figures from other States were given to show that in most of the States the scales of pay allowed to the members of the High Court service were identical with those of the Secretariat staff and the Government was asked to agree to the proposal of the Chief Justice to bring the pay scales of the High Court staff at par with those of the Secretariat. The matter was pursued by the High Court in the Registrars letter dated 1-7-1969 addressed to the Secretary to the Govt. Finance (Pay Commission) Department and in the D.O. letter dated 23-7-1969 written by the Chief Justice to the Chief Minister. The Government did not agree to the equation of the scales of pay of the staff of the High Court to those of the Secretariats. The High Court was accordingly informed. Thereupon respondents filed the writ petition in January,support of the writ petition reliance was placed before the High Court on the power of the Chief Justice under Article 229 and Rule 19 of the Andhra Pradesh High Court Service Rules, 1959 (for brevity, the 1959 Rules). The High Court has taken the view that for the purposes of appointments of officers and servants of the High Court and laying down the conditions of their service the Chief Justice is the highest authority.

Reasoning: On the facts and in the circumstances of this case and in the background of the conditions which are prevalent in other States Government could have been well-advised to accord approval to the suggestion of the Chief Justice, as the suggestion was nothing more than to equate the pay scales of the High Court staff with those of the equivalent posts in the Secretariat. That merely because the Government is not right in accepting the Chief Justices view and refusing to accord the approval is no ground for holding that by a writ of mandamus the Government may be directed to accord the approval. The High Court staff has not always been treated at par with the Secretariat staff in the matters of scales of pay. The matter has been taken up in the Chief Justices Conference and with several State Governments. Most of them have acceded to the request of the High Court to bring its staff at par with the Secretariat staff in the matter of pay etc. It is, however, not possible to take the view that merely because the State Government does not see its way to give the required approval it will justify the issuance of a writ of mandamus under Article 226 of the Constitution as if the refusal of the State Government was ultra vires or made mala fide anddo not find any such words in Rule 19(1) to lead to the above conclusion. The reference to "the Rules regulating the pay of the Services included in the Pay Schedule and other rules for the time being in force applicable to officers under the rule-making control of the Government of Andhra Pradesh" was merely a reference to the rules and not to the paythe reasons stated above we do not find it possible to sustain the judgment of the High Court in law. We, however, trust and hope that the Government will give their second thought to the matter and see whether it is possible in the State of Andhra Pradesh to obliterate the distinction in the matter of pay scales etc. between the High Court and the Secretariat Staff. There does not seem to be any good and justifiable reason for maintaining the distinction.