SUPREME COURT EMPLOYEES WELFARE ASSOCIATION ETC. ETC. versus UNION OF INDIA & ANR. ETC. ETC.

SUPREME COURT EMPLOYEES WELFARE ASSOCIATION ETC. ETC. versus UNION OF INDIA & ANR. ETC. ETC.

Revision of pay scales for Supreme Court employees is to be effected by proper amendment of the Supreme Court Officers and Servants (Conditions of Service and Conduct) Rules, 1961 as per Article 146(2), considering recommendations of the Pay Commission and other relevant materials. The Chief Justice of India alone is empowered to frame such rules, which must receive Presidential approval. Interim orders granting Delhi High Court pay scales continue in force until proper rules are made and approved; no further relief is ordered.

Parties
Petitioner: Supreme Court Employees Welfare Association; Respondent: Union of India; Respondent: Registrar General, Supreme Court
Jurisdiction
India
Judgment Date
24 July 1989
Procedural Posture
Writ Petition / Final Judgment
Outcome
Writ Petitions disposed of
Legal Topics
Pay Revision, Service Conditions of Supreme Court Employees, Rule Making Under Article 146, Equality in Public Employment
Constitutional Law Service Law Pay Revision Service Conditions of Supreme Court Employees Rule Making Under Article 146 Equality in Public Employment

Case Brief

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Parties

Supreme Court Employees Welfare Association

Petitioner

Union of India

Respondent

Registrar General, Supreme Court

Respondent

Procedural Posture

Writ Petition / Final Judgment

Legal Issues

  1. 1 Whether Supreme Court staff are entitled to pay scales equivalent to Delhi High Court staff under the principle of equal pay for equal work.
  2. 2 Whether reference to the Pay Commission for Supreme Court employees' pay revision is valid under Article 146.
  3. 3 Whether rules framed under Article 146(2) require President's approval.

Ratio Decidendi

Revision of pay scales for Supreme Court employees is to be effected by proper amendment of the Supreme Court Officers and Servants (Conditions of Service and Conduct) Rules, 1961 as per Article 146(2), considering recommendations of the Pay Commission and other relevant materials. The Chief Justice of India alone is empowered to frame such rules, which must receive Presidential approval. Interim orders granting Delhi High Court pay scales continue in force until proper rules are made and approved; no further relief is ordered.

Court Disposition

Writ Petitions disposed of

Orders

  • Until rules are properly made by way of amendments to the existing rules in accordance with Article 146, interim orders dated 25.7.1986, 14.8.1986, and 15.1.1987 remain in full force.
  • Status quo as on judgment date with regard to pay and allowances to be maintained.