Allahabad High Court: In a writ petition filed by a Judicial officer for directing the State to consider the payment of Rs.2,88,680/- i.e., the difference of the actual rent paid by him against the House Rent Allowance received by him during his stay at rented accommodation along-with penal interest, as may be fixed by the Court, the Division Bench of Suneet Kumar and Rajendra Kumar-IV, JJ. directed that all such Judicial Officers who had rented private accommodation, on non-availability of Government accommodation, and are covered by the decision rendered in Divakar Dwivedi versus State of U.P., Writ-A No.6585 of 2021 must raise their claim / arrears of rent and interest thereon through their respective District Judges.
The Judicial Officer submitted that the issue pertaining to arrears of rent in the event that he was not provided Government accommodation has been decided by this Court in Divakar Dwivedi (supra).The Court observed that 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.
Further, the Court directed that all such Judicial Officers who had rented private accommodation, on non-availability of Government accommodation, and are covered by the decision rendered in Divakar Dwivedi (supra) shall 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 endorsed 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 Principal Secretary, Government of U.P to ensure compliance of payment within a reasonable time.
The Court said that the Judicial Officers shall not take recourse to judicial proceedings for arrears of rent and interest thereon based on Divakar Dwivedi case but raise their claim as directed above.
[Manas Vatsa v. State of UP, 2023 SCC OnLine All 172, Order dated 12-05-2023]
Advocates who appeared in this case :
Counsel for Petitioner: Advocate Adarsh Singh, Advocate Indra Raj Singh
Counsel for Respondent: Chief Standing Counsel