Mrs. Sujata V. Manohar, J. - (1.) Respondent No. 1, Rajasthan Judicial Service Officers Association filed a writ petition in the Rajasthan High Court praying that the State of Rajasthan may be directed to provide to the Judicial Officers of the State of Rajasthan a dress allowance of Rs. 10,665/- initially and thereafter a kit maintenance allowance of Rs. 400/- per month renewable from time to time with all consequential benefits with effect from 1-1-1993. The State Government had, by a notification dated 18-9-1992, provided a dress allowance of Rs. 1600/- once in every three years, to the Members of the Rajasthan Judicial Service and the Rajasthan Higher Judicial Service with effect from 1-1-1993. Not being satisfied with this allowance, the said writ petition was filed by the respondents. There was also another factor which led to the filing of the writ petition. In a similar writ petition filed in the Delhi High Court (C.W.P. No. 840 of 1992) by the Delhi Judicial Services Association, the Delhi High Court had by its judgment and order dated 18th of November, 1992, directed that an initial lump sum amount of Rs. 5,500/- should be paid to all Judicial Officers in Delhi and that there should thereafter be paid every month a sum of Rs. 300/- as dress allowance. In view of this judgment of the Delhi High Court, the respondents contended that the allowance granted by the appellant-State by notification dated 18-9-1992 was inadequate. The Rajasthan High Court has directed the appellant-State to pay to all Judicial Officers of the Rajasthan Judicial Service and the Rajasthan Higher Judicial Service a lump sum amount of Rs. 8,500/- towards dress allowance and thereafter to pay Rs. 300/- per month towards the maintenance of the dress. The High Court also directed the State to consider a revision of these allowances every four years looking to the escalation in prices. The present appeal is filed from the above judgment.
(2.) A Judicial Officer is undoubtedly required to dress in the manner prescribed by the relevant Rules of each State in order to maintain the dignity of his office. The reason why a black jacket and bands are prescribed for a Judicial Officer is quite different from the reason why a uniform is prescribed or peons, chaprasis, police constables and so on. The latter have to mix with the public and a uniform identifies them as belonging to a specified group of persons who have authority or duty to act in a certain way or perform certain services. A Judicial Officer presides over a court and is quite identifiable by reason of the position he occupies in the Court. Nevertheless, in order that there may be a certain amount of decorum and dignity associated with this office, he is expected to dress respectably in the manner specified. Bands and gown are an insignia of his office. But whether for this reason the High Court can, on the judicial side, direct the State Government to pay a dress allowance or to specify the exact amounts which the State should pay by way of dress allowance is a matter which we have to examine.
(3.) Under Article 235 of the Constitution the High Court is invested with control over District Courts and courts subordinate to it including the posting and promotion of and the grant of leave to all Judicial Officers of the State. Under Article 309, however, recruitment and conditions of service of persons serving, inter alia, as Judicial Officers of the State is to be controlled by appropriate legislation; and until such legislation, the Governor of the State is empowered to make rules regulating the recruitment and conditions of service of Judicial Officers. In the present case, in exercise of its powers under Article 309 the State Government has fixed the salary and allowances of different categories of Judicial Officers in the State of Rajasthan. A dress allowance of Rs. 1500/- every three years is one such allowance fixed by the State of Rajasthan.;