State of Rajasthan And Ors. Vs Ramesh Chandra Mundra & Ors. (Supreme Court of India)
SSupreme Court of India recently addressed the extent of the Governor’s approval required under Article 229(2) of the Constitution concerning the salaries and conditions of service of High Court staff. The case, State of Rajasthan And Ors. Vs Ramesh Chandra Mundra & Ors., arose from a dispute over the Rajasthan High Court Chief Justice’s decision to upgrade 16 posts of Private Secretaries to Senior Private Secretaries, which the State Government subsequently rejected.
The Chief Justice of the Rajasthan High Court had deemed it necessary to upgrade these posts, involving a change in pay scales and special pay, thereby having financial implications. In accordance with the proviso to Article 229(2) of the Constitution, which mandates Governor’s approval for rules relating to salaries, allowances, leave, or pensions of High Court officers and servants, the Chief Justice sought sanction from the Government of Rajasthan.
However, the proposal faced dissent from the Finance Secretary and was ultimately declined by the State Government without being forwarded to the Governor for a decision. The affected Private Secretaries challenged this rejection before the High Court.
High Court’s Stance on Chief Justice’s Authority
