Court allows petition on staff pay scale hike

BANGALORE: A High Court division bench on Wednesday allowed the petition seeking enhancement of pay scale for court employees with a direction to the State Government to place the recommendations of former Chief Justice before the cabinet at the earliest.The division bench comprising Justice Manjula Chellur and Justice Satyanarayana (pronounced in absence of Justice Chellur as she is in the Circuit bench) hearing a petition by Nijaguni Karadigudda, has directed the State to take appropriate decision to implement the recommendation dated October 6, 2004 of the then Chief Justice N K Jain.“The matter should be placed before the cabinet at the earliest and a decision should be taken at the earliest in the wake of the recommendation of Chief Justice and the observation made by Apex Court in the matter of Union of India versus S B Vohra,” said the bench in its 39 page judgement.Following the Supreme Court directions dated January 14, 2002, to frame appropriate rules in accordance with the constitutional provisions in connection with pay scales to Stenos, PA, PS and others at the High Courts; and following another circular issued by the Apex Court in this connection, a three-member committee was appointed by the then Chief Justice to look into the matter and submit a report.The report was submitted on October 6, 2004.In 2006, the Government referred the recommendation to the Fifth Pay Commission.It was challenged by the appellant stating that the move was contrary to article 229(2), 163 (2) and 167 (a) of constitution of India However, when no relief was granted, the petitioner appealed before the division bench, which allowed the petition after the Government submitted that the recommendation was referred to fifth pay commission following the request of the High Court employees.Challenging this order, the respondent appealed seeking to set aside the single judge order stating that the judge failed to see that it not only involves the question of considering the recommendations of Chief Justice, but also the question of implementation of the SC order.