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2018 DIGILAW 113 (RAJ)

Aditya Joshi v. State of Rajasthan

2018-01-08

GOPAL KRISHAN VYAS, VINIT KUMAR MATHUR

body2018
JUDGMENT : Gopal Krishan Vyas, J. The instant writ petition has been filed by the 16 Private Secretaries under Article 226 of the Constitution of India seeking following relief’s : "(i) The respondent-State Government may kindly be directed to increase the conveyance allowance i.e., quantity of petrol from 15 liters to 50 liters to the Private Secretaries cum Judgment Writers working in the Rajasthan High Court. (ii) In the alternative and without prejudice to above, it is most respectfully prayed that the respondent State may kindly be directed to grant financial sanction at least for 30 liters of petrol as ordered by Hon'ble the Chief Justice of this Hon'ble Court. (iii) The State Government may kindly be directed to pay difference of the amount alongwith interest of petrol allowance from the date when Hon'ble the Chief Justice of the Rajasthan High Court has recommended for enhancement of petrol allowance from 15 liters to 30 liters. (iv) The State Government may further be directed to increase the petrol allowance to the Private Secretaries periodically in the time frame as may be fixed by this Hon'ble Court. For this, the petitioners request that the same may be done after every five years. (v) The respondent No. 3 may kindly be directed to produce before the Hon'ble Court, the copies of the resolution taken by the Hon'ble Committee and the order passed by the then Hon'ble Chief Justice enhancing the petrol allowance. (vi) The petitioners may kindly be granted relief in consonance with the facts stated and the grounds taken in the memo of writ petition. (vii) Writ petition filed by the petitioners may kindly be allowed with costs" 2. Undisputedly, all the petitioners are working on the post of Private Secretary-cum-Judgment Writer in this court and discharging their duties as such. To perform their duties, they are required to visit at the residence of Hon'ble Judges also. In the year 1997 one Sh. (vii) Writ petition filed by the petitioners may kindly be allowed with costs" 2. Undisputedly, all the petitioners are working on the post of Private Secretary-cum-Judgment Writer in this court and discharging their duties as such. To perform their duties, they are required to visit at the residence of Hon'ble Judges also. In the year 1997 one Sh. R.C. Mundra, Private Secretary of this court, preferred DBCWP No. 3375/1997 claiming petrol allowance in which an order was made by the Division Bench of this Court on 11.9.2000 and in pursuance of said order, the State Government issued an order bearing No. F.11 (1) Judl./89 dated 27.4.2005, therefore, the Registrar General, Rajasthan High Court (respondent No. 3) passed an order dated 9.5.2005 whereby payment of an amount equal to the prevalent price of fifteen liters of petrol per month was allowed to the private secretaries. 3. In this writ petition, it is submitted that due to expansion of Jodhpur as well as Jaipur City, four wheelers and other vehicles are needed, therefore, petrol allowance to the tune of 10 to 15 liters is allowed to the employees working on various posts, which Jr. P.A., P.A., Sr. P.A. and the other employees attached with the computer cell, court officer's cell, confidential section and drivers etc. For increasing the petrol allowance, the petitioners-private secretaries submitted a representation to the then Hon'ble Chief Justice of Rajasthan High Court through proper channel and prayed that from last more than two decades the private secretaries are getting only 15 liters of petrol conveyance allowance, therefore, looking to the rush of work and regular visit to the residence of respective Hon'ble Judges, the petrol allowances may be enhanced to the tune of 50 liters. Upon said representation of the private secretaries, the Hon'ble Chief Justice pleased to constitute a committee to consider the said prayer and upon decision of the committee, decided to enhance conveyance allowance to 30 litters instead of 50 liters claimed by the petitioners. 4. In pursuance of the said decision of the Hon'ble the Chief Justice, the Registrar General of this Court wrote a letter to the State Government on 17.6.2014 with the request to consider the question of enhancement of conveyance allowance to the private secretaries from 15 liters to 30 liters and to grant financial sanction for the same. 4. In pursuance of the said decision of the Hon'ble the Chief Justice, the Registrar General of this Court wrote a letter to the State Government on 17.6.2014 with the request to consider the question of enhancement of conveyance allowance to the private secretaries from 15 liters to 30 liters and to grant financial sanction for the same. However, the respondent No. 2 Principal Secretary, Government of Law and Legal Affairs, Government of Rajasthan, Jaipur informed to the Registrar General of this Court vide its letter dated 3.10.2014 in the following manner, which reads as under:- "FD regrets for the demand of increase of quantity of Petrol from 15 liters to 30 liters for working out of conveyance allowance to Private Secretaries cum Judgment Writers to Hon'ble Judges." 5. As per contention of the petitioners the Finance Department of the State Government refused to increase the petrol allowance from 15 liters to 30 liters despite the recommendation made by Hon'ble the Chief Justice after considering the decision of the Hon'ble Committee in which recommendation was made for enhancement of petrol allowance to the extent of 50 liters. 6. Learned counsel for the petitioners vehemently argued that State Government was under obligation to respect the recommendation made by Hon'ble the Chief Justice for grant of financial sanction because due to huge pendency of cases and cases listed in the court, private secretaries-cum-judgment writers are only required to visit the residence of the respective Hon'ble Judges to perform their duties diligently but also require to discharge their protocol duties as directed by the respective Hon'ble Judges. As per the learned counsel for the petitioners it is a case in which illegal demand of enhancement of petrol allowance has been made by the petitioner because before two decades 15 litters of petrol allowance was granted to them as the private secretaries are attending the residences of the Hon'ble Judges after court hours, but it is very strange that Finance Department refused to enhance the conveyance allowance upon untenable reasons. Learned counsel for the petitioners further argued that petitioners are getting amount of only 15 liters of petrol allowance per month whereas due to distance from their residence to the residence of respective Hon'ble Judges and High Court, they are required to expend much more amount. Learned counsel for the petitioners further argued that petitioners are getting amount of only 15 liters of petrol allowance per month whereas due to distance from their residence to the residence of respective Hon'ble Judges and High Court, they are required to expend much more amount. Therefore, prayed that direction may be given to the State Government to enhance the conveyance allowance from 15 liters to 50 liters petrol. A reference has been given to the order dated 17.11.2010 passed by the Punjab and Haryana High Court where the private secretaries are being paid amount of 50 liters of petrol. 7. Per contra, reply to the writ petition has been filed and upon perusal of said reply, it is revealed that the facts stated in the writ petition are in dispute, but it is stated in the reply that the then Chief Justice never passed any order to increase the conveyance allowance and Registrar General of Rajasthan High Court sent the communication dated 17.6.2014 while conveying the requirement to increase the prevailing conveyance allowance of private secretaries and P.As., and the Finance Department of Government of Rajasthan considered the proposal of Law Department to increase the conveyance allowed payable to private secretaries-cum-judgment writers and find that private secretaries-cum-judgment writers of Hon'ble Judges do get any conveyance allowance, so also, there is no recommendation in 6th pay commission report or any other report in this regard. It is also submitted that the matter was also considered in the light of the order dated 11.9.2000 passed in DBCWP No. 3375/1997 (Ramesh Chandra Mundra v. State of Rajasthan) for awarding the amount of 15 liters of petrol per month to the private secretaries-cum-judgment writers and find that in compliance of directions issued by this court, the amount was enhanced to Rs. 448.50 per month vide order dated 12.7.2001. At that time, the price of petrol was around Rs. 448.50 per month vide order dated 12.7.2001. At that time, the price of petrol was around Rs. 30/- per liter, therefore, the order was issued and now the proposals made by the High Court has been considered for enhancement of conveyance allowance from 15 liters to 30 liters in the light of expansion of cities of Jodhpur and Jaipur and after considering the proposals, the Finance Department opined that there appears to be no justification for enhancement in the quantity of petrol allowance for working out the conveyance allowance because the question has already been taken care of by the Government, the Finance Department rightly regretted for the demand of increase in quantity of petrol as conveyance allowance from 15 liters to 30 liters. Therefore, the writ petition may kindly be dismissed. 8. It emerges from the fact on record of the case that during the course of arguments, the coordinate bench of this court passed the following order on 20.2.2017 to complete the instructions from the government, which reads as under: "It is submitted by learned counsel appearing on behalf of the petitioners that the staff of High Court cannot be compared with the Private Secretaries working with the Private Secretaries of the Government of Rajasthan. It is asserted that a Private Secretary attached to a High Court Judge is required to visit residence of a Judge quite often and he is required to take care of several other works under the instructions of the Judges. According to learned counsel, this court in D.B. Civil Writ Petition No. 3375/1997 (Ramesh Chandra Mundra v. State of Rajasthan) allowed 15 liters of petrol as conveyance allowance looking to the circumstances and distances existing in the year 1997. The factual need is much more serious than existing in the year 1997. Beside that, it is further submitted that the State Government must understand that a recommendation made by the High Court in normal course is required to be honoured. Mr. N.K. Mehta, learned counsel appearing on behalf of the State, wants some time to complete the instructions. Time prayed for is allowed. Put up on 01.03.2017. Learned counsel appearing on behalf of the State shall positively avail complete instructions in the matter before the next date of hearing. 9. Mr. N.K. Mehta, learned counsel appearing on behalf of the State, wants some time to complete the instructions. Time prayed for is allowed. Put up on 01.03.2017. Learned counsel appearing on behalf of the State shall positively avail complete instructions in the matter before the next date of hearing. 9. In compliance of the aforesaid order, the written submissions were made by the respondents in which it is mentioned that competent authority of Finance Department of State examined the matter again and considered the fact that private secretaries-cum-judgment writers are entitled for conveyance allowance as per item No. 2(C) of Part II of General Finance and Accounts Rules of Part-III and Part III is admissible for short journey and it is applicable on 'to and fro journeys' from home to court and back. It is also submitted that Finance Department has issued letters in this regard on 18.8.2017 and 21.8.2017 wherein it is clearly mentioned that conveyance allowance of the judgment writers and private secretaries are admissible as per item No. 2(c) of GF & AR Part III, therefore, they cannot claim any conveyance allowance beyond the provisions enumerated in GF & AR Rules. The respondent have also clarified the meaning of "each way" vide its letter dated 21.8.2017 addressed to the learned Addl. Advocate General, which reads as under: "In reference to the subject and letter mentioned above, it is pertinent that Conveyance hire as per item No. 2(c) of Part-II of GF & AR Part-3 is also admissible for 'to and fro journeys' taken after court hours by Private Secretaries cum Judgment Writers to Hon'ble Judges of Rajasthan High Court for going to the residence of Hon'ble Judges and back." 10. The petitioners submitted counter submission alongwith copy of the relevant provisions of GF and AR Rules and invited attention of this Court that as per the GF and AR Rules, the gazetted officer are entitled for conveyance allowance of Rs. The petitioners submitted counter submission alongwith copy of the relevant provisions of GF and AR Rules and invited attention of this Court that as per the GF and AR Rules, the gazetted officer are entitled for conveyance allowance of Rs. 40/- for each way and specifically stated that the respondents are rounding the matter other-way because if the contention of the respondents are taken as it is then it is very much clear that the alleged provisions were in existence since long whereas the respondent-State is paying amount towards 15 liters petrol from the date the same made applicable and now when the petitioners have preferred the writ petition, the order 20.2.2017 was passed directing the respondents to honour the recommendation made by the Chief Justice, the new and unique stand has been taken by the respondent-State which is feasibly possible because the private secretaries attached with the Hon'ble Judges are only attending the bungalows of respective Hon'ble Judges, but they are also discharging their protocol duties. In the counter submission it is also submitted that the reimbursement claim of conveyance hire on the basis of 'to and fro journey' cannot be workable on very many factors and submitted that the petitioners are only seeking enhancement of conveyance allowance as the same has already been granted by the State Government itself. 11. After considering the arguments as well as the pleading of the respective parties and provisions of GF and AR Rules there is no doubt that there is express provision for conveyance allowance and if the said amount is calculated for each day journey then it comes to Rs. 160/- per day as per the communication/letter dated 21.8.2017 addressed to the learned Addl. Advocate General by the State Government (supra). Meaning thereby, the amount of conveyance allowance does cross the cost of 30 liters petrol as recommended by Hon'ble the Chief Justice for the purpose of granting conveyance allowance and this fact cannot be disputed by the respondents. 12. 160/- per day as per the communication/letter dated 21.8.2017 addressed to the learned Addl. Advocate General by the State Government (supra). Meaning thereby, the amount of conveyance allowance does cross the cost of 30 liters petrol as recommended by Hon'ble the Chief Justice for the purpose of granting conveyance allowance and this fact cannot be disputed by the respondents. 12. It is worthwhile to observe here that the prayer of the petitioners is only for enhancement of conveyance allowance, which was granted to them before two decades by the State Government therefore, in our opinion, once there is no denial of conveyance allowance to the private secretaries-cum-judgment writers because they are gazetted officers, then there is no question to disregard the recommendations made on the basis of decision of the Hon'ble Chief Justice for enhancement of conveyance allowance from 15 liters to 30 liters because as per the GF and AR Rules and as per the letter dated 21.8.2017 the amount of conveyance allowance as recommended by the High Court does not exceed the amount, which is provided in GF and AR Rules which is Rs. 40/- each way journey. More so, upon calculating the said amount it comes more than the cost of 30 litters of petrol. 13. In view of the above, the instant writ petition is hereby partly allowed and it is held that private secretaries-cum-judgment writers of this Court are entitled for amount equivalent to the price of 30 liters of petrol as conveyance allowance in view of provisions of GF & AR Rules. Therefore, the State Government is directed to provide amount equivalent to the price of 30 liters of petrol to the petitioners every month forthwith instead of 15 liters of petrol/conveyance allowance. The prayer of the petitioners seeking 50 liters of conveyance allowance is rejected at this stage.