Case Note & Summary
The petitioners, former Judges of the Bombay High Court, filed a writ petition seeking house rent allowance on their revised salaries from 01.01.2006 to 31.08.2008. The High Court Judges (Salaries and Conditions of Service) Act, 1954, under Sections 13 and 22(A)(2), governs their allowances. The government revised salaries from 01.01.2006 but deferred the house rent allowance to 01.09.2008 via administrative instructions. The petitioners argued that statutory rules cannot be overridden by executive orders, citing Sant Ram Sharma v. State of Rajasthan. The respondents contended that allowances were revised uniformly for all government servants from 01.09.2008. The court analyzed that the Act is a special legislation for Judges and cannot be equated with executive officers. It held that the government cannot amend statutory provisions by administrative fiat. The court allowed the petition, directing payment of arrears from 01.01.2006 to 31.08.2008 with 6% interest per annum.
Headnote
A) Service Law - High Court Judges - House Rent Allowance - Section 13 and Section 22(A)(2) of the High Court Judges (Salaries and Conditions of Service) Act, 1954 - The petitioners, former Judges, claimed house rent allowance on revised salary from 01.01.2006, but the government paid it only from 01.09.2008. The court held that the allowance is part of conditions of service governed by the Act, and the government cannot amend statutory rules by administrative instructions. The court directed payment of arrears from 01.01.2006 to 31.08.2008 with interest at 6% per annum. (Paras 1-10)
Issue of Consideration
Whether the petitioners, former High Court Judges, are entitled to house rent allowance on the revised salary from 01.01.2006 instead of 01.09.2008, and whether the government can defer the payment of statutory allowance by administrative instructions.
Final Decision
The court allowed the writ petition and directed the respondents to pay the petitioners house rent allowance on the revised salary from 01.01.2006 to 31.08.2008 with interest at 6% per annum from the date each installment fell due until payment.
Law Points
- Statutory rules cannot be amended or superseded by administrative instructions
- Conditions of service of High Court Judges are governed by special legislation and cannot be equated with executive officers
- House rent allowance is part of conditions of service and must be paid from the date of salary revision
Case Details
2016 LawText (BOM) (06) 8
WRIT PETITION NO. 3342 OF 2014
S. V. Gangapurwala, A. I. S. Cheema
Shri P. M. Shah, Senior Counsel i/b Shri A. M. Gaikwad and S. P. Bramhe for Petitioners; Shri S. B. Deshpande, Assistant Solicitor General for Respondent Nos. 1 to 3
Neelkanth Vishwnath Dabholkar and Vikas Ramchandra Kingaonkar
Union of India, The Secretary to Govt. of India, Department of Expenditure, The Accountant General (Accounts & Entitlements) - II, Maharashtra
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Nature of Litigation
Writ petition seeking payment of house rent allowance arrears for former High Court Judges.
Remedy Sought
Petitioners sought direction to respondents to pay house rent allowance on revised salary from 01.01.2006 to 31.08.2008 with interest.
Filing Reason
Government paid house rent allowance on revised salary only from 01.09.2008 instead of 01.01.2006, contrary to statutory provisions.
Issues
Whether the petitioners are entitled to house rent allowance on revised salary from 01.01.2006?
Whether the government can defer payment of statutory allowance by administrative instructions?
Submissions/Arguments
Petitioners argued that statutory rules cannot be amended by administrative instructions, relying on Sant Ram Sharma v. State of Rajasthan.
Petitioners contended that conditions of service of High Court Judges are governed by special legislation and cannot be equated with executive officers.
Respondents submitted that revised allowances apply from 01.09.2008 uniformly for all government servants.
Ratio Decidendi
The High Court Judges (Salaries and Conditions of Service) Act, 1954 is a special legislation governing conditions of service of Judges. The government cannot amend or supersede statutory rules by administrative instructions. House rent allowance is part of conditions of service and must be paid from the date of salary revision as per the Act.
Judgment Excerpts
The gravamen of the petitioners case is that, though the salaries of the Judges of the High Court were increased with effect from 01.01.2006 the benefit of the house rent allowance on the increased salary was given effect to from 01.09.2008 and the same is not in consonance with the statute.
The Government cannot amend or supersede statutory rules by administrative instructions.
Procedural History
The petition was filed in 2014, closed for judgment on 22/03/2016, and judgment pronounced on 10/06/2016.
Acts & Sections
- High Court Judges (Salaries and Conditions of Service) Act, 1954: 13, 22(A)(2)
