New Delhi, Jul 22, 2022, TT/ Special Correspondent

In a significant order, the Supreme Court on Friday asked the Tripura High Court to defer contempt proceedings against the state government on the issue of pay hike of HC employees.

The top court issued notice on a Special Leave Petition (SLP) filed by the State of Tripura challenging an interim order passed by the Tripura High Court which directed the state government to enhance the salary of the staff of the High Court as per the recommendations of the 6th Central Pay Commission with effect from January 1, 2006.

In the order passed in December 2021, the High Court had also directed the state to pay salary arrears as well in three monthly instalments starting from January 2022.

Later, the High Court had initiated suo motu contempt proceedings against the state government for not implementing its directions.

An SC bench of Justices DY Chandrachud and AS Bopanna issued notice on the plea of the state government challenging the decision of the single judge bench.

The apex court listed the appeal of the state government for further hearing on August 12.
  
It noted that an appeal arising from a judgement of a Single Judge filed by the High Court Employees Association and others is pending before the division bench of the Tripura High Court.

It also noted that the Single Judge had directed the state government to extend the benefit of the Sixth Central Pay Commission to the employees of the High Court of Tripura as provided to the employees of the Subordinate Judiciary under an order dated December 16, 2017, invoking the doctrine of equal pay for equal work.

Senior Advocate Ranjit Kumar argued before the Supreme Court that the High Court's directions are contrary to the service rules governing the HC staff. 

He referred to Rule 16 of the High Court of Tripura Services (Appointment, Conditions of Service and Conduct) Rules, 2014, which states that the pay scale of the High Court staff will be equivalent to that of the State Government employees. 

The State Government employees are not yet given the benefits of the 6th CPC report. Therefore, the HC staff cannot claim the same, he argued.

Kumar submitted that the High Court directions will create a huge burden on the state budget.