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2007 DIGILAW 1553 (PNJ)

J. D. Chandna v. Union Of India

2007-08-28

HEMANT GUPTA

body2007
Judgment Hemant Gupta, J. 1. The challenge in the present writ petition is to the letter dated 10.1.1986 whereby the claim of rent free accommodation to the Judicial Officers of Haryana on deputation with Chandigarh Administration was declined. 2. It is the case of the petitioner that in terms of his service conditions, the petitioner is entitled to rent free accommodation while working as Judicial Officer in the State of Haryana. His posting to Chandigarh Administration was not within his control and, therefore, when posted with Chandigarh Administration at Chandigarh, the petitioner is also entitled to rent free accommodation. 3. In reply it has been pointed out that the Judicial Officers posted at Chandigarh are not allowed the facility of rent free accommodation as, according to the terms of deputation, accommodation is to be provided under Central Rules and the said rules do not contemplate the provision of rent free accommodation. 4. The issue relating to rent free accommodation has been examined by this Court in S.D. Anand v. The State of Haryana and another CWP No. 17325 of 1998, decided on 19.10.2005 wherein it has been held that Judicial Officers of Haryana when posted at Chandigarh are entitled to rent free accommodation or 10% of the pay as house rent allowance in lieu thereof. In fact, such directions are in terms of the order passed by the Honble Supreme Court in case reported as All India Judges Association and others v. Union of India and others, 2002(2) SCT 735 : AIR 2002 Supreme Court 1752 wherein it has been held that a Judicial Officer is entitled to rent free accommodation. 5. In view of the above, the order declining to provide rent free accommodation to the Judicial Officers while posted with Chandigarh Administration at Chandigarh is clearly illegal and not sustainable in law and letter dated 10.1.1986, Annexure P-3, is set aside. Accordingly, the writ petition is allowed. The amount recovered as rent from the writ petitioner is ordered to be refunded to him forthwith but in any case not later than three months from today.