High Court notice to Centre, Delhi on plea seeking Govt accommodations for Judicial Officers
May 04, 2024
New Delhi [India], May 4 : The Delhi High Court has issued notices to the Centre and the Government of National Capital Territory of Delhi and others on a plea moved by the Judicial Service Association seeking direction to expedite the availability of government residential accommodations to Delhi Judicial Services Officers and Delhi Higher Judicial Services Officers.
The bench of Justice Manmohan and Justice Manmeet Pritam Singh Arora on May 2, sought responses from all respondents, including the Union of India through the Secretary, Ministry of Law and Justice, State (NCT of Delhi) through its Chief Secretary and Registrar General, Delhi High Court and fixed the matter for July 16.
A plea moved by the Judicial Service Association Delhi submitted that at present, the total working strength of judicial officers in Delhi is 823, however, there are only 347 residential accommodations available in the judicial pool.
Hence, around half of the judicial officers in Delhi have not been provided any official residential accommodation. The said statistics clearly show that the current state of affairs vis-a-vis availability of government accommodations for judicial officers in Delhi is abysmal, plea stated
The need for providing official residential accommodations to judicial officers has been long recognized and it is high time that the said need is effectively catered. In 1958, the 14th Law Commission of India Report observed the difficulties faced by judicial officers to procure suitable residential accommodations, and the plight faced by them in personally securing rented accommodations.
The plea further submitted that the situation today is not much different, where judicial officers of the Petitioner association have to travel faraway distances to find suitable accommodation, apart from having to undergo the stress and pressure of finding a suitable accommodation with a suitable landlord.
It's also stated that the number of residential accommodations available in the Central Pool and State Pool are far higher in number than that available in the Judicial Pool. It also submitted that until such time that there is sufficient availability of constructed residential accommodations for judicial officers, the judicial officers may be allowed to apply for accommodations under the Central Pool and State Pool.
The plea added that the House Rent Allowance (HRA) provided by the government to judicial officers in Delhi, is grossly inadequate for procuring suitable and appropriate residential accommodations in Delhi. It also submitted that at present, the HRA provided is 27 per cent of the basic pay of judicial officers.
The amount of HRA being provided to judicial officers is grossly inadequate when compared to the market trend, and it is impracticable for several judicial officers (especially up to J-5 level) to rent out suitable and appropriate accommodations in the areas surrounding court premises.
It is further submitted that several of these judicial officers also have their families to support, and it is even more difficult for them to be able to locate suitable and appropriate accommodations inside Delhi. As a result, the majority of the lower-level judicial officers have to take properties situated in Faridabad, Noida and Ghaziabad, which causes them huge difficulty in commuting between court and their residence, plea read.