'Raise Claims For Arrears Of Rent Through District Judges, Don't Take Recourse To Judicial Proceedings': Allahabad HC Directs State Judicial Officers

The Allahabad High Court has directed all the Judicial Officers seeking to arrears of rent (in the event the Judicial Officer was not provided Government accommodation) should raise their claims through their respective District Judges and not take recourse to judicial proceedings for the same

"...it is not in the interest of justice and principle of separation of powers between the judiciary and the executive that Judicial Officers should take recourse to judicial proceedings in such matters for redressal of their grievance, in particular, arrears of rent," the bench of Justice Suneet Kumar and Justice Rajendra Kumar-IV observed.

The bench was essentially dealing with the writ plea filed by a Judicial Officer seeking a direction to the UP government and another respondent to consider paying him the difference between the actual rent paid by him against the House Rent Allowance received by him during his stay at rented accommodation from over 1 year along-with interest.

It was his case that while working as Additional Civil Judge, (Senior Division), Prayagraj, he was not provided Government accommodation, consequently, he rented private accommodation as per the prevalent Government Order.

Having heard his case, the Court found it appropriate to dispose of the case in terms of its decision rendered in Divakar Dwivedi vs. State of U.P. and 5 others (Writ-A No.6585 of 2021) decided on April 24, 2023, wherein the Court had issued the direction pertaining to payment of rent arrears to a Judicial officer. The operative portion of the order reads thus:

"19. Accordingly, as per Government Order dated 27 July 2006, petitioner is entitled to actual rent of the rented accommodation. In any case, by the subsequent Government Order dated 5 October 2020, a judicial officer posted at Allahabad (Prayagraj) is entitled to minimum Rs. 20,000/- over and above the admissible H.R.A. or 18 percent of his basic/level of pay whichever is higher. The arrears claimed by the petitioner would also be covered by the subsequent Government Order. The case of the petitioner, however, is covered by the earlier Government Order dated 27 July 2006, i.e., actual rent of the rented accommodation minus the H.R.A."

Now, the Court, while disposing of the instant matter in terms of its decision in the Divakar Dwivedi (supra) case, the bench directed all Judicial Officers who had rented private accommodation, on non-availability of Government accommodation and are covered by the decision rendered in Divakar Dwivedi (supra) to raise their claim/arrears of rent and interest thereon through their respective District Judges.

"The District Judges on receipt of such an application/representation shall examine and satisfy himself of the claim and shall forward it to the Registrar General of the High Court with an endorsement that the claim of the Judicial Officer is covered by the decision in Divakar Dwivedi. The Registrar General shall, thereafter, raise the issue with the first respondent - Principal Secretary, Government of U.P. Lucknow to ensure compliance of payment within a reasonable time," the Court further directed.

Importantly, the Court clarified that the decision rendered in Divakar Dwivedi (supra) shall apply to all the Judicial Officers, irrespective of the fact that they had not filed writ petitions.

In other words, the Court directed the Judicial Officers to not take recourse to judicial proceedings for arrears of rent and interest thereon based on the Divakar Dwivedi case, but raise their claim as directed herein above.

Case title - Manas Vatsa vs. State Of U.P. And 3 Others 2023 LiveLaw (AB) 150 [WRIT - A No. - 8267 of 2023]

Case Citation: 2023 LiveLaw (AB) 150

Click Here To Read/Download Order