Excelsior Correspondent
JAMMU, Dec 31: In a landmark judgment, Division Bench of State High Court comprising Chief Justice N Paul Vasanthakumar and Justice Tashi Rabstan has held that Secretaries of Chief Justice and Judges are entitled to grades equivalent to KAS.
While dismissing the appeal of the State against the judgment of Single Judge, Division Bench observed, “in the year 2003, further benefit of promotion in the next higher scale was granted to the Principal Private Secretaries working in the Civil Secretariat. For extending the similar benefits, the Principal Private Secretaries of the High Court again filed petition and the same was also allowed by order dated 17.03.2006”.
“The LPA as well as the Special Leave Petition filed having been dismissed the said judgment was also implemented without amending the Rules and the Single Judge, considering the above facts, held that it is not imperative to amend the Rules governing the writ petitioners’ cadre”, the DB said, adding “it was also held that number of senior cadre posts would be relatable to the number of Secretaries attached to the Judges of the High Court, which is 14”.
As per Sub- Rule (3) of Rule 5 of the KAS Rules, 30% of the senior cadre posts will have to be in the Selection Grade and as such 4 posts of Secretaries in Selection Grade is applicable to the High Court. In the next scale, namely, Special Scale, as per Clause (IV) of Sub-Rule (1) of Rule 5 and Sub-Rule (2) of Rule 5, 20% of the total senior cadre posts shall be in the Special Scale out of which 10 posts shall be in the Super Time Scale. 20% of 14 posts of Secretaries would come to 2.8 posts i.e. three posts.
“The Single Judge also noticed the fact that there are already two posts designated as Joint Registrar in the scale of Selection Grade as per Rule 5(1) (iii) of the KAS Rules and as such there is deficiency of two posts in the said scale of pay”, the DB said, adding “the Single Judge also held that it is unnecessary to require the Registrar General to frame any scheme for the cadre of the respondents and the Government could have itself done the needful on the basis of scheme of KAS Rules, based on the earlier decisions of this court”.
While dismissing the appeal filed by the State, DB directed the Registrar General to send a proposal for upgrading the posts of Secretaries in terms of the judgment of the Single Judge from the date they have become eligible for the same, to the 2nd appellant within a period of two weeks from the date of receipt of copy of this order and on receipt of the same the judgment rendered by the Single Judge is directed to be implemented within a period of four weeks.
“Once the High Court recommends the up-gradation of the posts, the State has no power to sit over the same except to implement the proposal to be submitted by the Registrar General”, the DB said.
AAG Seema Khajuria appeared for the State whereas Senior Advocate Sunil Sethi with Advocates Veenu Gupta and Mohsin Bhat appeared for the Secretaries of the Judges and Advocate Amrish Kapoor for the High Court.
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