Supreme Court Employees' Welfare ... vs Union Of India (Uoi) And Anr. on 24 July, 1989 Equivalent citations: AIR1990SC334, JT1989(3)SC188, (1989)IILLJ506SC, 1989(2)SCALE107, (1989)4SCC187, [1989]3SCR488, 1990(1)UJ40(SC), (1990)3UPLBEC1604, AIR 1990 SUPREME COURT 334, 1989 (4) SCC 187, 1990 LAB IC 324, 1990 UJ(SC) 1 40, (1989) 3 JT 188 (SC), 1989 SCC (L&S) 569 1. These Writ Petitions and Civil Miscellaneous Petitions have been filed by the employees of the Supreme Court praying for their pay hike. Two events, which will be stated presently, seem to have inspired the employees of the Supreme Court to approach the Court by filing Writ Petitions. The first of the two events is the report of a Committee of Five Judges of this Court consisting of Mr Justice P.M. Bhagwati (as he then was) as the Chairman, Mr. Justice V.D. Tulzapurkar, Mr Justice D.A. Desai, Mr. Justice R.S. Pathak (as he then was) and Mr. Justice S. Murtaza Fazal Ali. The second event, which is the most important one, is the judgments of the Delhi High Court passed in writ proceedings instituted by its employees. 1. These Writ Petitions and Civil Miscellaneous Petitions have been filed by the employees of the Supreme Court praying for their pay hike. Two events, which will be stated presently, seem to have inspired the employees of the Supreme Court to approach the Court by filing Writ Petitions. The first of the two events is the report of a Committee of Five Judges of this Court consisting of Mr Justice P.M. Bhagwati (as he then was) as the Chairman, Mr. Justice V.D. Tulzapurkar, Mr Justice D.A. Desai, Mr. Justice R.S. Pathak (as he then was) and Mr. Justice S. Murtaza Fazal Ali. The second event, which is the most important one, is the judgments of the Delhi High Court passed in writ proceedings instituted by its employees. 2. The Five-Judge Committee in its report stated, inter alia, that no attempt had been made to provide a separate and distinct identity to the ministerial staff belonging to the Registry of the Supreme Court. According to the Committee the borrowed designations without any attempt at giving a distinct and independent identity to the ministerial staff in the Registry of the Supreme Court led to invidious comparison. The Committee observed that the salary scale applicable to various categories of staff in the Registry would show that at least since the Second Pay Commission appointed by the Central Government for Central Government servants, the pay-scales devised by the Pay Commission were practically bodily adopted by the Chief Justice of India for comparable categories in the Supreme Court. This was repeated after the recommendations of the Third Pay Commission were published and accepted by the Central Government. Further, it is observed that apparently with a view to avoiding the arduous task of devising a fair pay-structure of various categories of staff in the Registry, this easy course, both facile and superficial, was adopted which led to the inevitable result of linking the pay-structure for the various categories of staff in the Registry with the pay-structure in the Central Services for comparable posts and the comparison was not functional but according to the designations. No attempt was made to really ascertain the nature of work of an employee in each category of staff and determine the pay-structure and then after framing proper rules invite the President of India to approve the rules under Article 146 of the Constitution. The Committee pointed out that the slightest attempt had not been made to compare the workload, skill, educational qualifications, responsibilities and duties of various categories of posts in the Registry and that since the days of Rajadhyakhsa Commission the work had become so complex and the work of even a clerk in the Supreme Court had such a distinct identity that it would be necessary not only to fix the minimum remuneration keeping in view the principles for determination of minimum remuneration but also to add to it the functional evaluation of the post. This, according to the Committee, required a very comprehensive investigation and the Committee was ill-equipped to do it. The Committee, inter alia, recommended that the Chief Justice of India might appoint a Committee of experts to devise a fair pay-structure for the staff of the Supreme Court keeping in view the principles of pay determination and on the recommendations of the Committee, the Chief Justice of India might frame rules under Article 146 of the Constitution and submit them for the approval of the President of India. The Committee also took notice of the fact that the Fourth Central Pay Commission appointed by the Central Government and presided over by a former Judge of the Supreme Court, Mr. Justice P.N. Singhal, was then examining the question of pay-scales and other matters referred to it in respect of the staff of the Central Government. According to the Committee, it was an ideal situation that a former Judge of this Court was heading the Panel and he was ideally situated for examining the question of independent pay-structure for the staff in the Registry of the Supreme Court. The Committee recommended that the Chief Justice of India with the concurrence of the Central Government might refer the case of the Supreme Court staff to the Fourth Pay Panel presided over by Mr. Justice P.N. Singhal. 3. Several Writ Petitions were filed before the Delhi High Court by various categories of its employees, namely, the Private Secretaries and Readers to the Judges, Superintendents, Senior Stenographers, Assistants, Junior Readers, Junior Stenographers, Joint Registrars, Assistant Registrars, Deputy Registrars and certain categories of Class IV employees. In all these Writ Petitions, the Delhi High Court revised their respective pay-scales. With regard to certain categories of Class III and Class IV employees, the Delhi High Court revised their pay-scales also and granted them Punjab pay-scales and Central Dearness Allowance, the details of which are given below : Sl. Date of Revised scale No. Judgment No. of W.P. Post of pay Rs. 1. 3.2.86 & W.P. No. 1376/84 Restorer 400-600 23.5.86 2. 11.11.86 W.P. No. 1865/86 L.D. Cs. 400-600 3. 4.12.86 W.P. No. 2236/86 Class IV Sweepers Ushers etc. 300-430 4. 8.1.87 W.P. No. 2318/86 Gestetner Operator 400-600 5. 6.2.87 W.P. No. 2402/87 Staff Car Drivers 400-600 6. 20.8.87 W.P. No. 1656/87 Despatch Van Drivers 400-600 4. Several Special Leave Petitions were filed on behalf of the Government to this Court, but all these Special Leave Petitions were summarily rejected by this Court. 5. The Supreme Court employees have approached this Court by filing the instant Writ Petitions and the Civil Miscellaneous Petitions for upward revision of their pay-scales as were allowed in the case of the employees working in the Delhi High Court. According to the petitioners, the duties and the job assignments in respect of the staff of the Supreme Court being more onerous and arduous compared to the work done by the staff of the Delhi High Court, the petitioners claimed that they are entitled to equal pay for equal work and, therefore, they are approaching this Court for redressal of their grievances by means of the present Writ Petitions. 6. The Writ Petition No. 801 of 1986 has been filed by the Supreme Court Employees Welfare Association seeking higher pay-scales/parity in the pay-scales with Delhi High Court employees in the corresponding categories. On July 25, 1986, this Court passed an interim order which provides as follows : By way of an interim arrangement, pending final disposal of the Writ Petition, we direct that the Officers and staff of the Supreme Court Registry may be paid same pay scales and allowances which are at present 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, if and in so far as they are higher or better than what the Officers and the members of the Registry of the Supreme Court are getting, as proposed by Respondent No. 2. The Statement showing the posts in the Registry of the Supreme Court and the corresponding posts in the Delhi High Court, which is annexed to the proposal made by Respondent No. 2 will be annexed to this order also. Learned Addl. Solicitor General submits that the Petition for interim directions may be adjourned for a period of four weeks since the Government is actively considering the matter and to his information the Government is inclined to agree with the proposals made by the second respondent. We do not think, it is necessary to postpone the interim directions. The question of interim directions with regard to the categories of the Officers and the members of the staff not covered by the Delhi High Court scales of pay will be considered separately after two weeks. Mr. S.N. Kacker, Counsel for the petitioner, Mr. P.P. Rao for respondent No. 2, Supreme Court of India, and the learned Addl. Solicitor General are requested to assist us to arrive at a suitable formula in regard to them. The Writ Petition is adjourned for four weeks. In the meanwhile, respondent Nos. 1 & 2 may take steps to refer the question of revision of pay scales to the Fourth Pay Commission as suggested by the Committee consisting of Hon'ble Mr. Justice V.D. Tulzapurkar, Hon'ble Mr. Justice D.A. Desai, Hon'ble Mr. Justice R.S. Pathak and Hon'ble Mr. Justice S. Murtaza Fazal Ali.