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 theKarnataka 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/sSubhashchandra 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 orderdated: 18-09-2017 dismissed the Appeal preferred by the State Governmentand directed the Appellant therein to comply with the orders of the Hon'bleHigh Court of Karnataka and to report the compliance within 4 months fromthe date of order.

In furtherance thereof and in terms of the judgment dated 12-10-2011directing implementation of the recommendations of the Hon'ble Chief Justice ofthe Karnataka High Court dated 06-10-2004 in the light of the observation madeby the Hon'ble Apex Court in the matter of Union of India vs. S.B.Vohra, saidjudgment mandating the communication by the Hon'ble Chief Justice to be treatedas the "Rule" made by the Hon'ble Chief Justice of the Court, in terms Article229(2) of the Constitution of India, further requiring the approval of the Governorof the State; steps are required to be taken.

Accordingly, the State Cabinet in its meeting held on 02-01-2018 hasaccepted and approved the proposal of the Hon'ble Chief Justice dated:06-10-2004 vide its decision in Case No.868/2017 advising for suchapproval by the Governor. Subsequently, the proposal was submitted forthe approval of His Excellency the Governor of Karnataka as required underArticle 229(2) of the Constitution of India. His Excellency the Governor ofKarnataka was pleased to approve the proposed Rule.

In the circumstances and for the reasons stated above the followinsorders are issued.

GOVERNMENT ORDER NO.F'D 38 SRP 2OI7BANGALORE, DATBD llTH JANUARY 2018

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

2.LawDepartment shall constitute a Joint Consultative Committee inconsultation with the High Court of Karnataka with the following terms andconditions.

i) The Joint Consultative Committee shall consists of Membersfrom 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,

\tI02fil$6ocoJE)

Depufy Secretary to Government

.iinance Department (Services-2)Bn\lltB

The Compiler, Karnataka Gazette for publication in the next issue of the

Gazelte and to supply 500 copies to Finance Department.

To1. The Chief Secretary/Additional Chief Secretaries to Government.

2. The Principal Accountant General (General & Social Sector Audit),

Karnataka, New Building, Audit Bhavan (P.B.No. 5398),

Bengaluru.3. The Principal Accountant General (Economic and Revenue Sector

Audit)/(Accounts & Entitlement), Karnataka, New Building, Audit

Bhavan (P.B.No. 5398), Bengaluru.

4. The Special Secretary to the Governor, Raj Bhavan, Bengaluru.

5. The Principal Secretary to Government, Law Department.

6. The PS to Chief Secretary to Govemment (Cabinet-C.No.86812017)

7. The Registrar General, High Court of Karnataka, Bengaluru.

8. The Advocate General, State of Karnataka, High Court Building,

Bengaluru-1.

9. The Under Secretary, Legal Cell, Karnataka Bhavana, Kautilya

Marg, New Delhi.

10. The Senior Research Offlrcer, Pay Research Unit, Department of

Expenditure, Ministry of Finance, Government of India, New Delhi.

1 1. Karnataka Government Secretariat LibrarylLegislature Library.

12. Weekly Gazettelsection Guard File.

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