RAJASTHAN JUDICIAL SERVICE Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioners, by this writ petition, have prayed that the respondents may be directed to provide dress allowance of Rs. 10,645/ - initially to the Judicial Officers of the State of Rajasthan and thereafter the kit maintenance allowance @ Rs.400/ - per month renewable from time to time, i.e., every three years with all consequential benefits and reliefs with effect from 1.1.1993, i.e., the date when the dress allowance was made applicable to the members of the Judicial Services.

(2.) THE contention of the learned counsel for the petitioners is that the State Government, vide Notification dated 18.9.92 made a provision for the grant of dress allowance @ Rs. 15,000/ - to the members of the Rajasthan Judicial Services and the Rajasthan Higher Judicial Services with effect from 1.1.1993, but this amount of dress allowance which is payable after every three years, is must on the lower side looking to the status of the judicial officers, the dignity of their offices, the price of the cloth, cost of stitching etc. Looking to over -all escallation of the prices, the financial burden on the judicial officers for equipping themselves with the uniform has been increased and, therefore, it is the duty of the State Government to undertake the liability for the entire cost of the uniform which should be payable to the judicial officers after every three years. It is, also, submitted by the learned counsel for the petitioner that a kit/dress maintenance allowance of Rs. 400/ - per month be, also, paid to the judicial officers. In support of his contention, learned counsel for the petitioners has placed reliance over the Division Bench Judgment of the Delhi HIgh Court in: Delhi Judicial Service Association (Regd.) and Anr. v. Delhi Administration and Ors. D.B.Civil Writ Petition No. 840 of 1992 -decided on 18.11.92.

(3.) THE State Government, however, contested the claim of the petitioners and the case of the State Government, in the reply, is that the amount of Rs.1500/ - as the dress allowance paid to the judicial officers of the State for a period of three years is more than enough looking to the economic condition of the State and the salary and perks paid to the judicial officers. It has further been contended by the learned counsel for the State of Rajasthan that the State of Rajasthan is not a rich State and the entire economy of the State is based on agriculture and the agriculture is based on the rains and, therefore, the uncertainty is always prevailing with the blessings of famine or flood. In these circumstances, apart from the interest of the judicial officers, the State Government has, also, to watch the interests of other employees, public at large and the weaker sections of the society in priority. The primary duty of the welfare State is to provide equal and reasonable facilities to all the sections of the society and as such the dress allowance of Rs. 1500/ - for three years, provided to the petitioner's judicial officers, is most reasonable.