Full Judgment Text
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PETITIONER:
ALL INDIA JUDGE’S ASSOCIATION & ORS.
Vs.
RESPONDENT:
UNION OF INDIA & ORS.
DATE OF JUDGMENT10/04/1995
BENCH:
AHMADI A.M. (CJ)
BENCH:
AHMADI A.M. (CJ)
BHARUCHA S.P. (J)
CITATION:
JT 1995 (3) 573
ACT:
HEADNOTE:
JUDGMENT:
1. By our judgment in Review Petitions rendered on 24th
August, 1993 the date of compliance of certain directions
issued earlier by the Judgment of 13th November, 1991 came
to be extended up to 31st March, 1994 (See 1993 (4) SCC 288
at 317). More than a year has since passed. We find that
the directions have not been complied with fully by most of
the States. That is presumably because it has not been
possible for the State Governments to construct sufficient
houses for judicial officers even though some of the State
Governments have granted administrative approvals and
sanctioned funds for the grant thereof, However, that may
take some time but in the meantime some arrangement ought to
be made because the question of residential accommodation to
judicial officers is a first priority requirement. What the
interim arrangement should be is a matter in regard to which
we have heard counsel for the respective State Governments.
In the case of the State of Gujarat we had on an earlier
occasion, i.e on 19.8,94, passed an order to the effect that
the judicial officer should be granted residential
accommodation of the standard to which they are entitled
having regard to their status from the general pool on
priority basis. It should be made clear that when we state
that the quarters should be allotted to judicial officers on
priority basis, the direction should be complied with letter
and-spirit and not by permitting special category allotments
by-passing allotment to judicial officers. If despite the
same sufficient quarters are not available from the common
pool and it becomes necessary to requisition or hire private
accommodation the State Government should direct the
respective Collectorates to locate accommodation of the
prescribed standard and allot the same to the judicial
officers. In cases where that is not done or is not
possible for want of accommodation or even though the
judicial officer is able to point out accommodation but for
some valid reason it is not possible for the State
Government to requisition or hire the same and the Judicial
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officer is compelled to hire accommodation for himself, the
rental in excess of what the judicial officer is entitled to
by way of H.R.A., must be borne by the State Government pro-
vided the judicial officer intimates the State Government
that on account of its default he has selected a house at a
particular rental and would be occupying the same. If after
such intimation the State Government \ Collectorate does not
provide accommodation to the judicial officer within a
month’s time the judicial officer will be entitled to hire
the house and the State Government will pay the rental in
excess of the H.R.A. admissible to the judicial
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officer for the accommodation. In the case of judicial
officers already in occupation of private accommodation the
same benefit should be extended to them also, namely, of
payment of the excess amount for the accommodation. In
order that the State Government may have reasonable time to
comply with this direction we direct that this order should
be worked out as early as possible and will become effective
from 1st August, 1995. It is needles to impress upon the
State Governments that we expect scrupulous implementation
of this order because by the date 1.8.95 more than
reasonable time would have elapsed since the making of the
order in the Review Application. A copy of this order will
be sent to the Chief Secretary of every State Government who
shall be personally responsible for the implementation of
the order, failure, if any, will invite drastic action.
Re: Working Library:
2. In regard to making available a working library for the
judicial officers at different stations we find that most of
the States have failed to comply with the direction fully.
We find it difficult to appreciate why such a simple
direction has not been complied with thus far. There are
two methods by which compliance can be ensured. Firstly, by
determining the library requirements and providing the books
to the judicial officers or by working out the cost factor
and providing finance to the High Court to provide the books
to the judicial officers. This should not have taken so
long and the State Governments should have shown urgency in
equipping the judicial officers with a minimum working
library to ensure efficient performance. With a view to
giving a last opportunity to the State Governments to comply
with the direction we direct that those State Governments
which have failed to comply with the directions shall do so
before 1.8.95.
Re: All India Judicial Service:
3. On 17.2.95 Mr. Altaf Ahmad the learned Additional
Solicitor General had stated that with regard to the Court’s
directive for setting up an All India Judicial Service the
Union of India will file an affidavit stating what action it
has taken for the implementation of that direction. Ac-
cordingly, an affidavit has been filed which shows that
certain steps were taken but the distance that has to be
covered to achieve the objective is yet a long one. Unless
the Union of India takes effective steps in the direction of
setting up of an All India Judicial Service the question of
uniformity of designations as well as pay scales will also
linger on. We would, therefore, like to impress upon the
Union of India to take immediate measures for the
implementation of the direction to achieve the objective of
setting up of an All India Judicial Service. We would also
like to know from the Union of India what action it has
taken or proposes to take for setting up of a National Pay
Commission for members of the Subordinate Judiciary. The
three directions in regard to uniformity of designations,
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pay scales and setting up of an All India Judicial Service
have to be achieved as early as possible. We adjourn this
matter to enable the Union of India to initiate urgent
action in this behalf and try to ensure that the objective
is achieved.
Re: Pool Transport:
4. In regard to the direction for pro-
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viding pool transport it appears that the State Governments
have not complied with that direction and some of them have
rested content by paying an allowance. What is essential is
that the direction should be complied with so that the
objective of providing transport to judicial officers is
met. We would expect the State Governments to complete this
process latest by 1.8.95.
5. We want to impress upon the State Governments that we
have been quite lenient and indulgent so far and have ex-
tended the time more than once. We now mean business. It
should be impressed upon the Chief Secretary of every State
Government/Union Territory that it will be his/her
responsibility to see to it that these directions are
complied with without any further delay failing which we may
be compelled to initiate drastic action. Any failure to
comply with these directions would only mean that the
concerned Government and in particular the Chief Secretary
lacks a sense of urgency. Let the matters come up on
1.8.95.
sd/- sd/-
(S. Thapar) (Gian Chand)
PS to Registrar A.R.
578