Grant of Central Government Pay Scales to the Employees of the Hon'ble High Court of Karnataka

PROCEEDINGS OF THE GOVERNMENT OF KARNATAKA

Subject: Grant of Central Government Pay Scales to the Employees of the Hon'ble High Court of Karnataka - reg.

READ:
1. Letter dated: 06-10-2004 by the Hon'ble Chief Justice of the Karnataka High Court.
2. W.A. No.441ll20l1 Sri Nijaguni V/s the High Court of Karnataka & Ors.
3. CCC No.1241 & 124412016, Nijaguni.M.Karadigudda &Anr., V/s Subhashchandra Kuntia & Ors.
4. SLP (C) No.23220-2322112017, Subhashchandra Kuntia & Ors.V/s Nijaguni.M. Karadigudda & Anr.

PREAMBLE:
The officers and staff of the High Court of Karnataka are inherently given State Scales of pay. As and when the State pay scales are revised as per the recommendations of the Expert Bodies, the benefit thereof is extended to Officers and Officials of High Court on par with State Government employees.
However, the Hon'ble Chief Justice in his letter dated: 6-10-2004 read at (1) above had opined that the Pay Scales of the High Court employees should be raised to the level of Central Government pay scales annexing therewith his proposal and had sought the financial conculrence for the same.
The Hon'ble High Court of Karnataka in its judgement dated: 12-10-2011 passed in W.A. No.441ll20l1 read ar (2) above had directed the Respondent State Government to place the recommendations of the Hon'ble Chief Justice of Karnataka dated: 06-10-2004 before the Cabinet and to take appropriate decision to implement the recommendation of the Hon'ble Chief Justice of High Court of Karnataka dated: 06- 1 0-2004 in the light of the observations made by the Apex Court in the matter of Union of India V/s S.B.Vohra (AIR 2004 SC 1402).

Sequel to the Order of the Hon'ble High Court of Karnataka dated: 14-07-2017 passed in CCC No.1241 & 124412016 read at (3) above the State Government preferred Appeal against the said Order before the Hon'ble Supreme Court of Iqdia vide SLP (C) No. 23220-232211201,7 read at (4) above. However, the Hon'ble Supreme Court of India in its order dated: 18-09-2017 dismissed the Appeal preferred by the State Government and directed the Appellant therein to comply with the orders of the Hon'ble High Court of Karnataka and to report the compliance within 4 months from the date of order.

In furtherance thereof and in terms of the judgment dated 12-10-2011 directing implementation of the recommendations of the Hon'ble Chief Justice of the Karnataka High Court dated 06-10-2004 in the light of the observation made by the Hon'ble Apex Court in the matter of Union of India vs. S.B.Vohra, said judgment mandating the communication by the Hon'ble Chief Justice to be treated as the "Rule" made by the Hon'ble Chief Justice of the Court, in terms Article 229(2) of the Constitution of India, further requiring the approval of the Governor of the State; steps are required to be taken.
Accordingly, the State Cabinet in its meeting held on 02-01-2018 has accepted and approved the proposal of the Hon'ble Chief Justice dated: 06-10-2004 vide its decision in Case No.868/2017 advising for such approval by the Governor. Subsequently, the proposal was submitted for the approval of His Excellency the Governor of Karnataka as required under Article 229(2) of the Constitution of India. His Excellency the Governor of Karnataka was pleased to approve the proposed Rule.

In the circumstances and for the reasons stated above the following orders are issued.

GOVERNMENT ORDER NO.F'D 38 SRP 20I7
BANGALORE, DATED 11TH JANUARY 2018

Govemment are pleased to accord financial concurence on the approval of the Governor under Article 229(2) of the Constitution of India to the proposed Rule of the Hon'ble Chief Justice of the Karnataka High Court as sought in letter dated: 06-10-2004 to extend the Central Government Pay Scales to the Employees of the High Court of Karnataka.

2. Law Department shall constitute a Joint Consultative Committee in consultation with the High Court of Karnataka with the following terms and conditions.

i) The Joint Consultative Committee shall consists of Members from the High Court of Karnataka and State Government.
ii) The Committee shall work out a suitable fitment table by determining the equivalence of posts between different category of posts in the High Court of Karnataka and in the Central Government.
iii) The Committee shall suggest a suitable Pay Rules.

3. The decision taken pursuant to the recommendations of the Committee shall be intimated to the State Government.

By Order and in the name of the

Governor of Karnataka,

(D.S.JOGOJE)
Deputy Secretary to Government
Finance Department (Services-2)

Visit, the Official Website of Finance Department, GOK : www.finance.kar.nic.in