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
