JUDGMENT N.M. Kasliwal, J.
1. The Supreme Court Employees Welfare Association and Supreme Court Class IV Employees Welfare Association filed writ petition (C) No. 801 of 1986 and Writ Petition (Civil) No. 1201 of 1986 making a prayer that the staff of the Supreme Court of India be placed in higher scales of pay than what are admissible to the corresponding staff working in the Delhi High Court. A direction was also sought that as an interim measure the staff working in the Registry of this Court be paid the same pay scales as were being paid to the holders of corresponding posts working in the Registry of the Delhi High Court.
2. On 25.7.1986 an interim order was passed by this Court saying that pending final disposal of the writ petition the officers and staff of the Supreme Court Registry may be paid the same pay scales and allowances which were than being enjoyed by the officers and the members of the staff of the High Court of Delhi belonging to the same category with effect from the date from which such scales of pay have been allowed to the officers and the members of the staff of the High Court of Delhi. By a later order dated 15.1.1987 clarification was made in respect of different posts in the Supreme Court Registry which will be treated as equivalent to the different posts in the Delhi High Court and a direction was given that the benefit of the aforesaid order dated 25.7.1986 will be given to them.
3. There is no dispute that pursuance to the aforesaid two orders the Section Officers/ Court Masters, Assistants, Senior Clerks and other employees in the Supreme Court Registry started getting the scales of pay which were being paid to their counterpart in the Delhi High Court on the basis of aforesaid orders dated 25.7.1986 and 15.1.1987.
4. The Fourth Central Pay Commission had recommended revised scales of pay with effect from 1.1.1986 in respect of different categories/of posts in the Registry of the Supreme Court.
5. Writ Petition (civil) No. 801 of 1986 was heard and the question of fixation of scales of pay of different categories of the employees of this Court was examined. By an order dated 24.7.1989 it was pointed out that under Article 146(2) of the Constitution, the conditions of service of officers and servants of the Supreme Court has to be prescribed by rules made by the Chief Justice of India. As such urgency of framing such rules was impressed and a direction was given to the parties to maintain status quo as regards the scales of pay, allowances but it was also directed that the interim orders passed by this Court shall continue.
6. Writ Application (civil) No. 2756 of 1991, was filed before the High Court of Delhi on behalf of the Court Masters, Superintendents and Private Secretaries of the Delhi High Court claiming the pay scales of Rs. 3000-4500/- w.e.f. 1.1.1986. That writ application was allowed on 14.11.1991 directing the Union of India to fix the salary of Court Masters, Superintendents and other category of petitioners of that writ application in the pay scale of Rs. 3000-4500/- w.e.f. 1.1.1986. A petition for Special Leave to Appeal (civil) No. 2594 of 1992 was filed before this Court, which was dismissed after hearing the parties concerned on 25.3.1992 saying that no grounds for interference was made out.
7. Thereafter an application was filed on behalf of the petitioners of the Writ Petition (civil) No. 801 of 1986, for a direction that in view of the order passed by the High Court of Delhi directing payment of the scale of Rs. 3000-4500/- w.e.f. 1.1.1986 to the Court Masters, Superintendents and other categories of employees of the said Court which order has been affirmed by this Court by dismissal of the Special Leave Petition on 25.3.1992, as an interim measure the pay scales of the staff holding corresponding posts should also be revised till the rules are framed under Article 146 of the Constitution.
8. Interlocutory applications have been filed on behalf of the different categories of the staff of this Court including class IV employees making similar claims that they should be paid scales of pay and other allowances which are being paid to the holders of the corresponding posts in the High Court of Delhi. On behalf of the Supreme Court class IV Employees Welfare Association it was pointed out that in C.W.No.3464 of 1990 filed on behalf of Class IV employees of High Court of Delhi while allowing that writ petition on 4.11.1991 a direction has been given to fix the pay scale of class IV employees in the revised pay scale of Rs. 975-1660/-.
9. All such applications for direction were being postponed from time to time awaiting the report of the Committee of Judges of this Court, constituted by the then Chief Justice of India. Ultimately on 26.2.1993 an affidavit has been filed on behalf of the Registrar General of this Court saying that the Committee has submitted the Report to the then Chief Justice of India who has passed the necessary orders that the said recommendations of the Committee be placed on the record of this case. The copies of the recommendations of the Committee have been served on the parties concerned.
10. The Committee has made reference to different interim orders passed in the writ petitions aforesaid and has pointed out that those orders having been passed on the judicial side of this Court are binding and it is not open to ignore those orders on the administrative side. The Committee has observed:
It is true that higher pay-scales accorded to officers and servants of this Court is only pursuant to the interim orders passed in writ petitions i.e. C.W.P No. 801 of 1986 and connected cases and, therefore, subject to the Rules directed to be framed under Article 146. But here again, what should be taken note of is in the first interim order dated 25.7.1986 this Court has expressly stated that the salary of any category of the officers of this Court should not be less than the salary allowed to corresponding post on the establishment of the Delhi High Court. Therefore, if the pay-scales of the officers and servants of this Court were to be fixed as recommended by the Fourth Pay Commission which are much lower than the pay scales accorded to the some of the posts on the establishment of the Delhi High Court pursuant to the writ issued by the High Court and confirmed by the Supreme Court by the dismissal of the Special Leave Petition, it leads to discrimination as between officers and servants of the Supreme Court and those of the Delhi High Court and will lead to further litigation by the concerned categories of officers and servants of the Supreme Court. It would also contravene the observations made in the interim order". The Committee has further said:
If the pay-scales are to be fixed without reference to the judgment of the Delhi High Court which has become final in so far as it relates to the officers and servants of the Delhi High Court, Rules under Article 146 of the Constitution could be framed adopting the recommendations made by the Fourth Pay Commission. If so done, as it is neither feasible nor practicable to recover the difference of salary already paid and it is also not appropriate to reduce the present pay of the employees. While framing the Rules in conformity with the recommendations of the Fourth Pay Commission, the following conditions should be incorporated in the Rules:
(1) The arrears of salary paid to all the employees to whom higher pay-scales or higher payments have been made pursuant to the interim orders shall not be recovered.
(2) Even after fixing the pay-scales as on 1.1.1986 and thereafter periodically in the pay-scales fixed under the Rules to be framed, their present pay shall not be reduced.
(3) The difference shall be treated as pay personal to them and they shall stagnate at their present pay until they reach that stage in the revised pay-scale, if it does not happen, as the pay, they are drawing is more than the maximum fixed by the Fourth Pay Commission they shall stagnate until a further revision of pay-scales is affected.
11. These pay scales shall be effective from 1.1.1986 on which date the pay-scales recommended by the Fourth Pay Commission became effective.
OR
12. If the interim order is not vacated then Rules under Article 146 can be framed fixing the pay-scales at par with the pay scales fixed for the corresponding posts of the establishment of the High Court of Delhi. If there are no corresponding posts in respect of any post then appropriate pay scale to such post having due regard to the status of the post and the pay-scales of the posts higher and lower in the hierarchy in the establishment of the Supreme Court of India has to be created. The pay scales which could be fixed on this basis are indicated in the Annexure. However, these rules can be implemented prospectively after the approval of the President of India.".
13. In the Annexure of the Report of the Committee aforesaid details of the names of the posts existing in this Court, scales of pay as recommended by 4th Pay Commission, corresponding posts in the High Court of Delhi, scales of pay in the Delhi High Court, scales recommended by the Committee have been mentioned under different columns with remarks. The Committee has pointed out that new pay scale of Rs. 3300-4800/- has to be created for Assistant Registrar, Principal Private Secretary to the Chief Justice of India, Assistant Editor, Supreme Court Reports, Chief Librarian, Assistant Registrar-cum-Private Secretary to the Chief Justice of India. Assistant Registrar-cum-Private Secretary to the Judges of this Court, Assistant Registrar-cum-Private Secretary to the Registrar General. So far Section Officers, Librarian, Court Masters and Senior Assistant Librarian are concerned the Committee has recommended the scale of Rs. 3000-4500/- and in the remark column it has been said that the pay scale is to be increased to bring them at par with the Delhi High Court pay scale. Again about Stenographers the recommendation is for Rs. 2000-3200/ - to make it at par with Delhi High Court pay scale. About Junior Stenographers the recommendation is to treat them at par with Senior Clerks the scale to be given shall be Rs. 1400-2300/-.
14. About Junior Clerks, Chauffeur (Staff Car Driver), Senior Gest. Operator, Despatch Rider, Senior Library Attendent, Record Keeper Rs. 1350-2200/- scale of pay has been recommended to make the pay scale equal to the pay scale of corresponding posts of Delhi High Court. So far Record Sorter, Junior Library Attendent, Junior Gest, Operator are concerned scale of Rs. 1200-2040/- has been recommended saying that they being promotional posts, higher pay scale has to be given. Similarly, in respect of Daftry and Jamadar scale of pay Rs. 1000-1750/- has been recommended saying that those posts being promotional posts higher pay scale has to be given. So far Peon, Frash and Safaiwala are concerned scale of Rs. 975-1660/- has been fixed to make their pay scale at par with corresponding posts of Delhi High Court.
15. The aforesaid recommendations of the Committee of Judges of this Court which have been accepted by the then Chief Justice of India and which are to be forwarded to the President for his approval cannot be held, for the present, to be a rule within the meaning of Article 146 of the Constitution. But those recommendations can certainly form basis for issuing interim direction regarding payment of the revised scale to the holders of different categories of posts within the Registry of this Court. It is an admitted position that the question regarding revision of scale of pay of different categories of employees of this Court w.e.f. 1.1.1986 is pending consideration for more than seven years. During the hearing of the applications for interim directions we were informed that holders of the corresponding posts of the High Court of Delhi have been getting the revised scale of pay pursuance to the orders aforesaid dated 4.11.1991 and 14.11.1991. There does not appear to be any justification that when the holders of corresponding posts in the High Court of Delhi are getting the scales of pay pursuant to the orders aforesaid, how these scales could be denied to holders of the corresponding posts of the Apex Court in the country till the rules come in force.
16. On behalf of Union of India an application has been filed for recall/modification of aforesaid order dated 25.7.1986. We find no reason to recall the said order which has already been implemented. The Committee of Judges while making recommendations have also taken note of this aspect
17. It appears before the Committee on behalf of Ministry of Finance an anomaly was pointed out which has been stated as follows:
(A) The Punjab High Court pay-scale of Rs. 400-600 extended to Junior Clerks of the Delhi High Court w.e.f. 1.1.1978 had been fixed after absorbing the Dearness Allowance calculated at C.P.I. 320.
(B) Even so, the Dearness Allowance was given to the Junior Clerks of Delhi High Court at the Central Government rates which had been calculated over and above the basic pay fixed as on 1.1.1973 taking the then existing C.P.I. 200 as the basis.
(C) The Punjab High Court pay-scale of Rs. 300-430 accorded to Class IV employees of the Delhi High Court was again arrived at after absorbing the Dearness Allowance calculated at C.P.I. 320 as on 1.1.1978 and even so the Dearness Allowance was given to them at the Central Government rates which was calculated over and above the Basic pay fixed on 1.1.1973 taking C.P.I. 200 as the basis.
(D) As a result their pay-scales were higher than what was legitimately due to the corresponding posts in the Government of India and that had resulted in double payment of Dearness Allowance for 120 points of C.P.I. and this had resulted in an anomaly, namely, the Class IV employees of the Delhi High Court and of the Supreme Court to whom similar benefits were extended pursuant to the interim order of this Court were drawing a higher salary which works out to Rs. 159/- more as on 1.1.1978 and Rs. 308/- more as on 1.1.1986, compared with the salary accorded to Class IV employees in the service of the Central Government and their salary is even more than the pay of L.D.Cs. in Central Government service.
(E) The Junior Clerks of the Delhi High Court and of the Supreme Court to whom the pay-scales of the Delhi High Court were extended pursuant to the interim order of this Court have been drawing a higher salary which works out to Rs. 159/- more than the corresponding Central Government employees as on 1.1.1978 and by Rs. 356/ - as on 1.1.1986.
(F) That the confirming of similar pay-scales to Junior Clerks and Class IV employees on the establishment of this Court by the Rules to be made by the Chief Justice of India under Article 146 results in great disparity between the pay-scales of the corresponding posts under the Central Government and this will constitute a ground for the central Government employees to demand parity in the pay-scales, i.e., pay-scales accorded to the corresponding employees of the Delhi High Court and the Supreme Court and this will result in enormous financial liability on the Central Government.
18. We first remove the anomaly in the recommendations made by the Committee in respect of the posts of Private Secretaries to the Registrars of the Supreme Court and which are the subject matter of interlocutory application No. 5 of 1992. The Committee in its recommendations has allowed the pay-scale of Rs. 3000-4500/- in respect of the posts of Section Officer, Librarian, Court Master and Sr. Assistant Librarian but has recommended the pay-scale to Private Secretary to the Registrar at Rs. 2300-3700/-A perusal of the pay-scales as recommended by the Fourth Pay Commission itself at item No. 11 shows that the Section Officer, Librarian, Private Secretary to the Chief Justice, Private Secretary to the Judges, Private Secretary to Registrar, Court Master, and Sr. Assistant Librarian have been given the pay-scale of Rs. 2300-3700/-. This clearly shows that the posts of Private Secretary to Registrar was kept equivalent to the other posts of Section Officer, Court Master etc., as already mentioned above and fixed in the same pay scale of Rs. 2300-3700/-. The Committee of Judges have recommended the increased pay scale of Rs. 3000-4500/- in case of Section Officer, Librarian, Court Master and Sr. Assistant Librarian who were fixed in the pay scale of Rs. 2300-3700/- by the Fourth Pay Commission. The post of Private Secretary to the Registrar being also in the pay-scale of Rs. 2300-3700/- should be entitled to the pay-scale of Rs. 3000-4500/-. It may also be noted that even on 1.1.1986 from which date the recommendations of the Fourth Pay Commission has been made to be effective, Private Secretary to Registrar was in the same pay-scale of Rs. 775-1200/- as given to Section Officer, Librarian, Private Secretary to The Chief Justice, Private Secretary to the Judges, Court Master and Sr, Assistant Librarian. Thus in the circumstances mentioned above when all the other officers who were in the pay-scale of Rs. 775-1200/- as on 1.1.1986 and fixed in the pay-scale of Rs. 2300-3700/- even by the Fourth Pay Commission have been recommended the pay-scale of Rs. 3000-4500/- by the Committee of Judges, the Private Secretary to the Registrar is also became entitled to the same pay-scale of Rs. 3000-4500/ -. The Interlocutory Application No. 5 of 1992 in Writ Petition (Civil) No. 801 of 1984 stands disposed of in the manner indicated above.
19. Taking the recommendations of the Committee of Judges as a base, we would now dispose of the other interim applications mentioned above. In Interlocutory Application No. 4 of 1992 filed by the Junior Stenographers it has been contended that the Junior Clerks of Delhi High Court have been fixed in the pay-scale of Rs. 1350-2200/- from 1.1.1986. By an order of this Court dated 18.4.1991 the Junior Clerks of this Court have also been granted a similar pay-scale of Rs. 1350-2200/- w.e.f. 1.1.1986. It has been submitted that the post of Junior Stenographer is a promotional post from Junior Clerks. In the Third Pay Commission the Junior Stenographers were fixed in the pay-scale of Rs 330-560/- which was also the pay-scale of Senior Clerks. So far as the Junior Clerks are concerned they were fixed in the pay-scale of Rs. 260-400/- by the Third Pay Commission. The Committee of Judges have also recommended the pay-scale of Rs. 1400-2300/- to the Junior Stenographers treating them at par with Senior Clerks of this Court who are equivalent to Upper Division Clerks of the Delhi High Court. It has been contended on behalf of the Junior Stenographers that they are also entitled to the pay-scale of Rs. 1400-2300/- as already recommended by the Committee. We find force in the above contention. The Senior Clerks of this Court have been treated equivalent to U.D.Cs. of Delhi High Court who have been allowed the pay-scale of Rs. l400-2300/- and the Junior Stenographers being treated at par with the Senior Clerks of this Court have been rightly, placed by the Committee in the pay-scale of Rs. 1400-2300/-. It may also be noted that the Junior Clerks have already been allowed the pay scale of Rs. 1350-2200/- and as such the Junior Stenographers of this Court, who are on a higher posts than the Junior Clerks, are entitled to the pay-scale of Rs. 1400-2300/- as recommended by the Committee of Judges. The Interlocutory Application No. 4 of 1992 in Writ Petition (civil) No. 801 of 1986 filed by the Junior Stenographers stands disposed of in the manner indicated above.
20. As regards Interlocutory Application No. 3 of 1992 in Writ Petition (civil) No. 801 of 1986 filed by the Supreme Court Employees Welfare Association it has been prayed that in view of the order passed by the High Court of Delhi directing payment of the pay-scale of Rs. 3000-4500/- w.e.f. 1.1.1986 to the Court Masters, Superintendents and other categories of employees of the said Court, the staff holding corresponding posts in this Court should also be allowed the aforesaid pay-scales by way of interim measure till the rules are framed under Article 146 of the Constitution.
21. It may be worthwhile to note that the Committee of Judges have already recommended the pay-scale of Rs. 3000-4500/- in the case of Section Officer, Librarian, Court Master, Sr. Assistant Librarian to bring them at par with the incumbents holding corresponding posts of Superintendent, Librarian and Court Master in the Delhi High Court. The Committee of Judges have also recommended new pay-scale of Rs. 3300-4800/- in case of the posts of Assistant Registrar, Principal Private Secretary to the Chief Justice of India, Assistant Editor, Supreme Court Reports, Chief Librarian, Assistant Registrar-cum-Private Secretary to the Chief Justice of India, Assistant Registrar-cum-Private Secretary to the Judges and Assistant Registrar-cum-Private Secretary to the Registrar-General of this Court. The said new pay-scale has been recommended in view of the fact that the lower post of Section Officer, Librarian, Court Master and Sr. Assistant Librarian have been fixed in the pay-scale of Rs. 3000-4500/-. It is needless to mention that in the aforesaid category of posts for which the pay-scale of Rs. 3000-4500/- has been recommended, one more category of Private Secretary to Registrar shall be added which have already been dealt above while disposing of Interlocutory Application No. 5 of 1992. Thus we direct that the recommendation made by the Committee of Judges for granting the pay-scale of Rs. 3000-4500/- and a new pay-scale of Rs. 3300-4800/- for the posts mentioned therein may be given by way of interim measure from the month of March, 1993 subject to the Rules made by the Chief Justice of India under Article 146 of the Constitution.
22. It may be noted that the Delhi High Court by order dated 14.11.1991 in Writ Petition No. 2756 of 1991 had allowed the pay-scale of Rs. 3000-4500/- from 1.1.1986 to the Court Masters, and Superintendents of Delhi High Court and the Special Leave Petitions No. 2594 of 1992 filed against the Judgment of the High Court having been dismissed on 25.3.92 by this Court and the same having become final, the employees in the Supreme Court are justified in claiming the pay-scale of Rs. 3000-4500/- from 1.1.1986. Same is the position in the case of Junior Stenographer. The Chief Justice may consider and if deem appropriate direct that the payment of arrears can be made by deposit of the whole arrears or part in General Provident Fund or by way of suitable instalments as the case may be by taking note of the financial involvement in consultation with the Government. We are making it clear that we are not giving any direction in this regard and the Chief Justice while framing the Rules under Article 146 of the Constitution shall be free to consider and pass appropriate orders as regards the arrears. Interlocutory Application Nos.2 and 3 in Writ Petition (civil) No. 801 of 1986 stand disposed of in the manner indicated above.
23. Interlocutory Application No. 2 of 1992 in Writ Petition (civil) No. 1201 of 1986 has been filed by the Supreme Court Class IV Employees Welfare Association claiming the pay-scale of Rs. 975-1660/- as allowed to such employees by the Delhi High Court vide its Judgment dated 4.11.1991 in Civil Writ No. 3464 of 1990. The Committee of Judges have recommended the aforesaid pay-scale to Peon, Frash and Safaiwala employed in the Supreme Court fixing them at par with corresponding post of Peon, Frash and Sweeper in the Delhi High Court. The Committee of Judges have also recommended the new and higher pay-scale of Rs. 1000-1750/- to Daftry and Jamadar employed in the Supreme Court in view of the fact that these posts are promotional posts and are entitled to higher pay-scale as the lower pay-scale of Rs. 975-1660/- has been recommended to Peon, Frash and Safaiwala. We direct that the pay-scales as recommended by the Committee of Judges may be given from the month of March, 1993 by way of interim measure. It may be noted that the Union of India has already filed Special Leave Petition under Article 136 of the Constitution before this Court against the decision of the Delhi High Court dated 4.11.1991 passed in the Civil Writ Petition No. 3464 of 1990. The said Special Leave Petition is still pending for consideration. We, therefore, direct that the grant of the above-mentioned pay-scales of Rs. 975-1660/- to the Peon, Frash and Safaiwala and the pay-scale of Rs. 1000-1750/- to Daftry and Jamadar from March, 1993 shall be subject to the decision of the Special Leave Petition filed by the Union of India against the Judgment of Delhi High Court dated 4.11.1991. This disposes of the Interlocutory Application No. 2 of 1992 in Writ Petition (civil) No. 1201 of 1986. As regards arrears from 1.1.86 the Chief Justice shall pass appropriate orders.
24. It has been mentioned in the Report submitted by the Committee of Judges that in view of the constraints of the interim orders passed by this Court from time to time the Committee has recommended that the Chief Justice of India can make Rules under Article 146 of the Constitution of India if the limitations of the interim orders are lifted by the Court on the judicial side. We consider the appositeness of such recommendation made by the Committee. We therefore, make it clear that the Chief Justice of India is free to make Rules in exercise of powers under Article 146 of the Constitution of India without any constraint and irrespective of any interim orders passed on 25.7.1986, 14.8.1986, 14.11.1986 and 15.1.1987.
25. With the above observations we dispose of all the interlocutory applications as mentioned above.