Governor's approval for High Court staff pay rules is mandatory and cannot be compelled by mandamus

Article 229(2) empowers the Chief Justice to prescribe conditions of service for High Court staff, but rules concerning salaries, allowances, leave or pensions require the Governor's approval because they involve public expenditure. That approval is a substantive constitutional requirement, not a mere formality. The Chief Justice's recommendation on pay scales could not be enforced by mandamus, and the State Government could not be compelled to approve it simply because refusal was considered unwise or unjustified. The applicable service rule did not authorise fixing pay scales without compliance with the proviso.

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Issues: Whether the Chief Justice's recommendation under Article 229(2) of the Constitution regarding the pay scales of High Court staff could be enforced by mandamus, and whether the Governor's approval to rules relating to salaries, allowances, leave or pensions was only a formality.

Analysis: Article 229(2) empowers the Chief Justice, subject to any law made by the State Legislature, to prescribe by rules the conditions of service of the High Court's officers and servants. The proviso, however, requires that rules relating to salaries, allowances, leave or pensions obtain the Governor's approval because they involve public expenditure. The approval requirement is real and not merely ceremonial. The Court also held that Rule 19(1) of the Andhra Pradesh High Court Service Rules, 1959 did not authorise the Chief Justice to fix pay scales without reference to the Governor in matters covered by the proviso. A writ of mandamus could not be issued to compel the State Government to accord approval merely because the refusal appeared unwise or unjustified.

Conclusion: The Government was not bound to grant approval to the Chief Justice's recommendation, and mandamus could not be issued to compel such approval. The appeal succeeded.

Ratio Decidendi: Under Article 229(2), the Governor's approval is mandatory for rules relating to salaries, allowances, leave or pensions of High Court staff, and a court cannot compel such approval by mandamus merely because the refusal is considered unreasonable.

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