KIRAN ANAND LALL, ADDITIONAL DISTRICT AND SESSIONS JUDGE, PRESENTLY HOLDING CADRE POST OF JOINT LEGAL REMEMBERANCER AND JOINT SECRETARY TO THE GOVT. OF HARYANA Vs. STATE OF HARYANA AND ANR.

JUDGEMENT

(1.) The petitioner has filed this petition under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of certiorari quashing the orders dated 30.3.1989 (Annexure P8) and 27.9.1989 (Annexure P 10) passed by respondent No.l whereby her prayer for grant of House Rent Allowance at the rate of 10% of the pay in lieu of the rent -free accommodation has been declined and also for issuance of a writ in the nature of mandamus, directing the respondents to grant her house rent allowance at the rate of 10% of the pay in addition to the house rent allowance already being paid to her on the basis of slab system, for the period during which she remained posted as Joint Legal Remembrancer at Chandigarh as no Government rent free accommodation was provided to her.

(2.) Briefly, the facts giving rise to this petition are that the petitioner was a member of Haryana Superior Judicial Service (for 'HSJS') and she was posted as Joint Legal Remembrancer, which is a cadre post of HSJS, in the Law and Legislative Department, Government of Haryana, on 29.10.1988. Subsequently, she was designated as Joint Legal Remembrancer and Joint Secretary vide Haryana Government letter dated 30.4.1990. The Chief Secretary to the Government of Haryana (respondent No. 1) vide order dated 31.8.1979 (Annexure P4) conveyed the sanction of the Governor of Haryana for the grant of rent free accommodation to the District and Sessions Judges. Additional District and Sessions Judges, Senior Sub Judges and the Chief Judicial Magistrates posted in the State of Haryana. In the said order it was also made clear that the said Judicial Officers who are not provided the Government accommodation will be entitled to house rent allowance, in lieu of the rent free accommodation, at the rate of 10% of their pay in addition to the house rent allowance already admissible to them. The petitioner was appointed as Joint Legal Remembrancer and posted at Chandigarh vide order dated 30.4.1990 issued by respondent No. 1. On her posting as Joint Legal Remembrancer at Chandigarh, neither she was provided with rent free accommodation nor she was grant 10% house rent allowance in lieu thereof in addition to the house rent allowance on slab basis being paid to her, despite the fact that the post of Joint Legal Remembrancer is on the cadre strength of HSJS. An extract of the posts of Haryana Superior Judicial Service has been annexed with this petition as Annexure P2. The petitioner made a representation dated 11.12.1988 (Annexure P6) to the Legal Remembrancer -cum -Secretary to the Government of Haryana (Respondent No. 2) for the grant of House Rent Allowance at the rate of 10% of her pay as was being paid to the other members of the Haryana Superior Judicial Service, such as Additional District and Sessions Judges, which cadre she belonged to at the relevant time. The Legal Remembrancer (respondent No. 2) forwarded her representation with his recommendation in this regard to the Chief Secretary (respondent No. 1). The representation of the petitioner was rejected by respondent No. 1 vide order dated 30.3.1989 (Annexure P8). The petitioner again submitted a representation for the grant of house rent allowance as is admissible to the members of HSJS on 11.8.1979 (Annexure P9). Respondent No. 1 again declined the prayer of the petitioner vide order dated 27.9.1989 (Annexure P10). These two orders dated 30.3.1989 (Annexure P8) and 27.9.1989 (Annexure P10) are under challenge in the present writ petition.

(3.) It has been contended by the learned counsel for the petitioner that the action of the respondents in denying house rent allowance to the petitioner for the period she remained posted as Joint Legal Remembrancer is discriminatory and arbitrary and is violative of Articles 14 and 16 of the Constitution of India as they have created an unreasonable classification within a homogeneous class of Haryana Superior Judicial Service. It has also been pointed out by the learned counsel for the petitioner that the respondents have now provided rent free accommodation to Shri P.L.Ahuja and Ms. Raj Rahul Garg, Joint Legal Remembrancer, Haryana, with effect from the date they joined as such. A copy of the order dated 23.12.2003 passed by the Financial Commissioner and Principal Secretary to Government of Haryana, Administration of Justice Department, has been placed on record as Annexure P11.