is appointed under different set of Act and Rules while the petitioners are appointed under Article 229 of the Constitution of India by the Chief Justice. Nature and duties of both the posts are different. Since it relates to salary, therefore, approval of the Governor is necessary under proviso appended to clause (2) of Article 229 of the Constitution. Representation of the petitioners has been considered and rejected though the High Court had recommended in their favour. However, recommendation was made on the ground of the report of the Fitment Committee of a High Court Judge. Fitment Committee considered the parity of the pay-scale of the government servants and not of the High Court employees appointed under Article 229 of the Constitution. Therefore, recommendations based on the Fitment Committee report cannot have any basis. The Government has rightly rejected the representation of the petitioners as it has rightly held that duty and responsibility of both the posts are different in nature.
