Case Note & Summary
The dispute arose from two Special Civil Applications filed by Private Secretaries to the Judges of the Gujarat High Court, seeking parity in pay scales with their counterparts in the Government Secretariat. The petitioners, who were English Stenographers Grade-I, claimed they should receive a pay scale of Rs.3000-4500, similar to that of Private Secretaries to Government Secretaries, due to the nature of their work and responsibilities. The petitioners highlighted that they had been working since various dates in 1982 and 1986, with one petitioner joining in 1990. They argued that the Fourth Central Pay Commission had recommended a pay scale upgrade for similar positions, which was accepted by the Government of India. The Government of Gujarat had also resolved to upgrade only 10% of the posts of Private Secretaries, which the petitioners contended was discriminatory. The court noted that while the Government had justified the 10% upgrade based on a high-level committee's recommendations, the disparity in treatment between the High Court and Government Secretariat was evident, especially since all High Court Judges received a fixed pay of Rs.8000. The court ultimately allowed the applications, directing the Chief Justice to reassess the pay scales for Private Secretaries to Judges in light of the existing disparities and the recommendations of the Fourth Central Pay Commission.
Headnote
A) Administrative Law - Pay Scale Parity - Claim for Equal Pay - Constitution of India, 1950, Article 229 - Petitioners sought parity in pay scales with Government Secretaries, arguing that their duties were comparable and deserving of equal remuneration. The court directed the Chief Justice to consider the pay scale anomaly and determine appropriate scales for Private Secretaries to High Court Judges (Paras 15).
Issue of Consideration
Whether Private Secretaries to the Judges of the High Court are entitled to the same pay scale as Private Secretaries to Government Secretaries.
Final Decision
Both Special Civil Applications were allowed, directing the Chief Justice to consider the pay scale anomaly and determine appropriate scales for Private Secretaries to High Court Judges.
Law Points
- Pay scale
- parity
- discrimination
- constitutional provisions
- administrative justice
