Binod Kumar Roy and S. K. Jain, JJ. - (1.) Three-fold prayers have been made in this writ petition filed by U. P. Judicial Services Association of the State through its President and six Judicial Officers, who are posted in the judgeship of Bhadohi at Gyanpur praying to command the respondents particularly respondent No. 4, the Joint Director, Treasury Camp Office, Treasury Directorate, Navin Koshagar Bhawan, Katchery Road, Allahabad to pay to the petitioner Nos. 2 to 7, (i) arrears of difference of the amount borne out by petitioner Nos. 2 to 7 towards house rent for their private accommodations and the house rent allowances equivalent to 12.5% of their basic salary since they are occupying private accommodations, together with interest at the rate 18% per annum, (ii) the current actual house rent which they are paying to their landlords for occupying private accommodations, and (iii) the petitioners be paid special cost for prosecuting this case.
(2.) Their case is as follows : In the old districts, the Government has accommodations to provide for the judicial officers ; the Government has created more districts without having any accommodation for the judicial officers ; petitioner Nos. 2 to 7 are holding different posts in the district of Bhadohi alias Sant Ravidas Nagar at Gyanpur (vide order dated 10.4.1995) ; in All India Judges Association v. Union of India and others (as contained in Annexure-A), JT 1995 (3) SC 573, the Supreme Court has laid down that the Judicial Officers shall be provided accommodation within one month's time, and if the Collector fails to do so within said time, they will be entitled to hire houses and the State Government shall have to pay rental in access of house rent admissible to them and if in case they are already occupying private houses, the same benefit should be extended to them also : respondent No. 2, the District Magistrate, Bhadohi alias Sant Ravidas Nagar was bound to provide accommodations within one month to the petitioner Nos. 2 to 7 after their joining, but he failed to provide any such accommodation to them and thus no option was left to them except to hire private accommodations at Gyanpur who are paying rent as stated in item Nos. I to VI of paragraph 3 ; previously the State Government had issued G. O. dated 9.6.1995 (as contained in Annexure-B) that 12.5% of the basic salary shall be deducted from the salary and the remaining portion of the rent shall be borne by the State Government ; the State Government issued another G. O. dated 6.9.1995 (as contained in Annexure-C) clarifying to the effect that whatever rent was being paid by the Judicial Officers to be borne by the State Government ; petitioner Nos. 2 to 7 were issued certificates by the District Magistrate, Bhadohi (as contained in Annexure-D) indicating the amount of rent paid by the petitioners for the houses occupied by them during the period of discharge of their duties ; a collective representation was filed by petitioner Nos. 3, 5 and 6 on 19.8.1998 (as contained in Annexure-E) before respondent No. 3, the Director Treasury, Treasury Directorate, Lucknow mentioning clearly the fact that due to non-allotment of any Government accommodation, they are residing in private accommodations and thereby paying more rent than what they were receiving as house rent allowances which be reimbursed ; a similar representation was also made before respondent No. 4, the Joint Director, Treasury Camp Office Treasury Directorate, Navin Koshagar Bhawan, Katchery Road, Allahabad, as contained in Annexure-F, claiming reimbursement ; respondent No. 4 asked them to give declaration in proforma supplied, which indicates that house rent allowances was to be paid under the G. O: dated 6.9.1995, though respondent No. 4 was bound to pay the difference of the amount paid by them to their landlords as per the G.O. dated 6.9.1995 but it is being insisted illegally, without any basis and just to harass them to be paid on the basis of the earlier G. O. dated 9.6.1995 : there are several other districts where the later G. O. has been implemented in toto except in Bhadohi alias Sant Ravidas Nagar for the reasons best known to respondent No. 4 and that too without passing any reasoned order ; the Judicial Officers are being deprived of the major part of their pay by paying the same as house rent to their landlords and thereby suffering a great financial loss and hence this writ petition, which is first one ; during pendency of this writ petition on 10.5.1999, another G. O. (Annexure-I) was issued for providing full rent/actual rent as paid by such officers who were not provided official residences by the District Magistrate and are residing in accommodation on rent. Yet the respondents are not paying rent which is wholly arbitrary, illegal and bad in law.
(3.) The office reports non-filing of any counter-affidavit, when yesterday Mr. Sabhajit Yadav, learned standing counsel appearing on behalf of the respondents informed us that a counter-affidavit has already been filed which we could not find. Today Mr. Yadav after re-looking the records intimates us that in fact through Civil Misc. Application No. 36110 of 1999, filed on 25.5.1999 on behalf of the respondents, two months time was prayed for on the ground that the matter is being examined at the Government level and steps are being taken for filing counter-affidavit for which some time is likely to be taken but thereafter it does not appear that the said petition was pressed. Be that as it may, the net result is that till today no counter-affidavit has been filed by the respondents.;