MADRAS HIGH COURT STAFF ASSOCIATION Vs. SECRETARY TO GOVERNMENT HOUSING AND URBAN DEVELOPMENT DEPARTMENT

JUDGEMENT

(1.) The relief sought for in this writ petition is for a direction to direct the first and the second respondents to allow the members of the petitioner-Association, who have been allotted rental quarters by either the first or the second respondents and who have been transferred to Madurai on a temporary basis to retain the quarters, even during their absence from Chennai for a period of not more than two years, subject to the conditions that the quarters should be occupied only by their families and they should pay the concessional rent foregoing the House Rent Allowance at City rate ,which he would draw had he continued to work in the Chennai City and the rent should be on no account be lesser than the rent which was paid by them at the time of their relieving from Chennai.

(2.) The writ petitioner is the Madras High Court Staff Association, represented by its Secretary. The petitioner-Association claims that it is a Service Association with a membership of around 1400 and registered under the Societies Registration Act. The petitioner-Association is having its Office at New Building High Court, Chennai-104. The petitioner-Association represents all the categories of High Court Staff, both at Madras and at Madurai, including the Watch and Ward, Cleaners, Typists, Assistants, Copyists, Assistant Section Officers, Section Officers, Court Officers, Appeal Examiners, Personal Assistants and Deputy Registrars. It is further stated that consequent to the establishment of the Madurai Bench of Madras High Court in 2004, some members of the staff, working in the Principal Bench, had been transferred to the Madurai Bench. Members of the staff hailing from Southern Tamil Nadu and, who have roots there, opted to work in the Madurai Bench permanently. Thereafter, the members of the staff, who could not, for domestic reasons, work permanently in the Madurai Bench, were transferred to Madurai for a specific period of one year. The third respondent, namely, the Registrar-General, High Court, Madras, issued a Circular bearing No.Roc. 133/ A/ 2005/Madurai Bench Cell dated 26.2005, made it clear that who opt for Madurai Bench will have an option to be retransferred back to the Principal Seat at Madras, after one year of their transfer, if they so desire. It was further clarified by a Circular dated 8.2007 that the leave availed by the employees will be excluded for calculation of one year of their service in Madurai Bench and their re-transfer to the Principal Seat at Madras, would be postponed to that extent.

(3.) There are approximately 600 posts in the Madurai Bench. Of this, around 150 posts have been filled up on a permanent basis and the other posts are filled up by rotation for a specific period of one year. Some of the members of the staff, numbering around 100, are the occupants of Government rental quarters of Public Works Departme as well as Tamil Nadu Housing Board in various parts of Chennai like Shenoy Nagar, Anna Nagar, Kilpauk Garden, Peters Road, Foreshore Estate, Todhunter Nagar (Saidapet) etc., These quarters are constructed, allotted and maintained by either the first or the second respondent, directly or through the respective Boards. The allotments made are subject to several conditions. In the Allotment Rules prescribed by the first and the second respondents, it is provided inter alia that allottees can retain the quarters (a) on transfer till the academic year; (b) on retirement for three months and beyond three months, only on specific orders of the Government; and (c) on death for three months or till the end of the academic year. It is further provided in the said Rules that those, who are deputed for training and, whose period of training is treated as on duty, is allowed to retain the apartment for a period not exceeding two years, subject to the conditions that it should be occupied by the family of the allottees and the allottees they should pay the concessional rent foregoing the House Rent Allowance at City rate, which he would draw had he continued to work in the City and the rent should on no account be lesser than the rent which was paid by him before the relief for the training.