UNION OF INDIA versus KISHAN K. SHARMA AND ORS.

Citation: [2004] 1 S.C.R. 113 · Decided: 05-01-2004 · Supreme Court of India · Bench: V.N. KHARE · Disposal: Dismissed
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Judgment (excerpt)

) 
UNION OF INDIA 
v .. 
KISHAN K. SHARMA AND ORS. 
JANUARY 5, 2004 
[V. N. KHARE, CJ. AND S.B. SINHA, J.] 
Constitution of India, 1950-Artic/e 226-Judicial review-Writ of 
mandamus-Extent and scope of-Upgraded pay scale for certain employees 
of High Court-Recommendation for sanction--Governmetlt not sanctioning 
A 
B 
for a long time-On writ petition High Court directed Central Government to C 
pay the employees the recommended pay scale-Government complied with 
the direction of the High Court and preferred appeal to Supreme Court-
Held, though High Court was not correct in issuing writ of mandamus, in view 
of the facts that the matter is old and that the High Court's direction has 
already been acted upon, it is not interfered with. 
Pay scales of respondent-employees of High Court was fixed by High 
Court, in parity with the pay-scales of their counterparts in Central 
Government. After further revision of the scales of concerned employees 
D 
of Central Go\•ernment, representation was made by High Court to the 
Centnll Government to sanction proposed upgraded pay scales of the E 
concerned employees of High Court, in parity with the concerned 
employees of Central Government, but no action was taken. 
Respondents filed writ petition on the ground that they stood on a 
better footing than their counterparts in the Central Government and 
cannot have any parity with them. High Court issued writ of mandamus F 
directing Central Government to pay salary to the concerned employees 
of the High Court at upgraded pay scale. Subsequently direction of High 
Court was acted upon by the Central Government. 
In appeal to this Court appellant contended that High Court on its 
judicial side cannot issue a writ of or in the nature of mandamus directing G 
Central Government to pay the respondents a particular scale of pay. 
Respondents contended that though generally it is not permissible 
for High Court to issue a writ of mandamus directing a statutory authority 
to discharge its function in a particular manner, but in the present case it H 
113 
114 
SUPREME COURT REPORTS 
[2004) I S.C.R. 
A was permissible as despite recommendations of High Court no order was 
r 
passed for a long time. 
Dismissing the appeal, the Court 
HELD: Although the High Court was not correct in issuing the 
B impugned directions but having regard to the fact that the matter is an 
old one and the direction of the High Court has already been acted upon, 
the impugned judgment need not be interfered with. 1116-G-Hf 
y 
Union of India v. S.B. Vohra and Ors., 120041 2 SCC 150, relied on. 
c 
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 6252of1998. 
From the Judgment and Order dated 8.8.1996 of the Delhi High Court 
in C.W.P. No. 1174 of 1994. 
L.N. Rao, R. Venkataramani, Hemant Sharma, Rajeev Sharma, P. 
D Parmeswaran, Maninder Singh, Ms. A. Subhashini, Naresh Kumar and Ashok 
Panigrahi for the appearing parties. 
The .Judgment of the Court was delivered by 
~ 
S.B. SINHA, J. How far and to what extent a writ of or in the nature 
E of mandamus should be issued directing the Union of India to pay salary to 
the Officers of the High Court in a particular scale of pay is the question 
involved in this appeal which arises out of a judgment and order dated 8th 
August, 1996 passed by the High Court of Delhi in C. W.P. No. 1174/94. 
The respondents herein are Personal Assistants to the Deputy Registrar 
F of the High Court or Junior Stenographers. It is not in dispute that the scales 
of pay of the officers and employees of the High Court did not fall for 
consideration by the Pay Commission appointed by the Central Government. 
"' 
The Delhi High Court, however, in the light of the recommendations made 
by the 4th Pay Commission fixed the scales of pay of the Respondent Nos. 
G I to 6 herein at Rs. 1400 to Rs. 2300 which was similar to those payable to 
the Personal Assistants of the Joint Secretaries. 
The President of India, however, on representations made by the 
concerned employees of the Central Government revised the scales of pay of 
h 
the P.A. to the Deputy Secretaries at Rs. 1640 to Rs. 2900 w.e.f. 1.1.1986 by 
H reason of Office memorandum dated 3 lst July, 1990. The respondents herein 
U.0.1. v. Kl SHANK. SHARMA [SINHA, J.) 
115 
thereafter filed a representation before the Chief Justice of the High Court A 
who made his recommendations therefor to the Government of India clearly 
stating that keeping in view the fact that the posts of Joint
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