Supreme Court of India · 1975-03-05
STATE OF ASSAM vs BHUBHAN CHANDRA DATTA & ANR.
- Citation / case number
- SC 1969/60243
- Court
- Supreme Court of India
- Petitioner
- STATE OF ASSAM
- Respondent
- BHUBHAN CHANDRA DATTA & ANR.
- Author
- A.N. () RAY
- Bench
- A.N. (CJ) RAY
Judgment text excerpt
The Supreme Court held that the Chief Justice's power to fix the initial pay of the Registrar under the Assam and Nagaland High Court Services (Appointment, Conditions of Service and Conduct) Rules, 1956, does not extend to setting a special salary of Rs. 1500/- without the Governor's approval as required under Article 229(2). The Court found that the High Court's reasoning was flawed, as the Chief Justice could only fix special allowances for those appointed from the judicial service, which did not apply to the respondent who had retired prior to his appointment. Consequently, the Court allowed the appeal, ruling that the fixation of salary and special allowance was invalid.