All India Judge's Association & Ors Vs. Union of India & Ors [1995] INSC 216 (10 April 1995)
Ahmadi
A.M. (Cj) Ahmadi A.M. (Cj) Bharucha S.P. (J)
CITATION:
JT 1995 (3) 573
ACT:
HEAD NOTE:
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 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 576 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,
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- 577 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
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