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| SC upholds HC judgment on secys of CJ | | | Early Times Report
jammu, Apr 12: In a case of principal private secretaries of J&K high court, a Supreme Court bench of Chief Justice T S Thakur and Justice R Banumathi has dismissed a special leave petition, saying it does not see any merit in it.
According to the division bench judgment, further benefit of promotion in the next higher scale was granted in 2003 to the principal private secretaries working in the civil secretariat. For extending similar benefits, the principal private secretaries of high court again filed SWP No 762/2003 which was also allowed by the March 17, 2006 order.
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 was not imperative to amend the rules governing the writ petitioners' cadre.
According to the division bench judgment, further benefit of promotion in the next higher scale was granted in 2003 to the principal private secretaries working in the civil secretariat. For extending similar benefits, the principal private secretaries of high court again filed SWP No 762/2003 which was also allowed by the March 17, 2006 order.
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.
It was also held that a number of senior cadre posts would be relatable to the number of secretaries attached to the high court judges, which is 14. As per sub-rule (3) of Rule 5 of the KAS rules, 30 pc 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, ie special scale, as per clause (iv) of sub-rule (1) of rule 5 and sub-rule (2) of rule 5, 20 pc 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 pc 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 selection grade scale as per rule 5(1) (iii) of KAS rules and as such there is deficiency of two posts in the said scale of pay. The single judge had also held that it was 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 KAS rules. Based on the earlier decisions of this court and while dismissing the appeal filed by the state, the court 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 had 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 of single judge was directed to be implemented within a period of four weeks therefrom.
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