P. KUMAR Petitioner(s)
U.O.I & ORS. Respondent(s)
(With office report ) T.C.(C) NO. 61 of 2003
Date: 05/02/2009 These Petitions were called on for hearing today.
CORAM :
For Petitioner(s)/ Mr. Surya Kant, Adv. Respondent(s) Mr. S.K. Verma, Adv.
Mr. R. Ayyam Perumal, Adv.
Mr. S. Vallinayagam, Adv.
Mr. K. Radhakrishnan, Sr. Adv.
Mr. T.a. Khan, Adv.
For Mr. B.K. Prasad, Adv.
Mr. P. Parmeswaran,Adv.(N.P.)
Mrs. Hemantika Wahi, Adv.
Ms. Mamta Tushir, Adv.
Mr. N. Ganpathy, Adv.
Mr. Sanjay R. Hegde, Adv.
Mrs. Revathy Raghavan, Adv.
UPON hearing counsel the Court made the following
The transfer cases are disposed of in terms of
the signed order.
(R.K. Dhawan) (Veera Verma)
Court Master Court Master
(Signed order is placed on the file)
CIVIL ORIGINAL JURISDICTION
27,53 AND 61 OF 2003
The writ petition filed before the High Court was transferred to this
Court. The writ petition was filed by one P.Kumar in the Delhi High Court
seeking direction to extend to the Judges of the High Court while travelling
by air on leave travel concession by executive class and reimbursement be
allowed in accordance with the traveling allowance rules. As on date the
prayer sought for has become infructuous.
The writ petition was filed by a public Registered Trust in the High Court of Gujarat. The petitioner prays that the house rent allowance being
paid to the judges of the Gujarat
High Court being varied and also seeks to strike down the orders issued by
the State Government regarding the allotment of land to the Judges of the
High Court in Ahmedabad at concessional rates.
As regards house rent allowance the same is governed by the
Conditions of Service of the Judges Act. Neither the petitioner nor his
counsel is present in Court. Without expressing anything on merits and the
points raised, the transfer case is disposed of accordingly.
Adjourned. Permitted to file counter affidavit, if any.
The writ petition was filed before the High Court of Karnataka. The
main prayer in the writ petition is that the judge who is transferred to
another High Court should be ensured of official residence at the transferee
place. Prayer is restricted to some of the judges who have been transferred
to the High Court of Karnataka. We do not think that any of the prayer
made in the writ petition survive for consideration.
Neither the petitioner nor his counsel is present. The writ petition was filed before the High Court of Allahabad. The petitioner is an advocate
practicing in the High Court of
Allahabad. He prays that appropriate orders be passed directing revision of
salary of Judges of the High Court. The salary of Judges of the High
Courts have been recently revised. We do not think anything survives for
consideration.
The writ petition was filed before the High Court of Bombay where
the petitioner prays that the special Judge who are dealing with cases
regarding terrorist activities shall be insured by the State and that shall be
part of the service condition. Neither petitioner nor his counsel present in
the Court. The prayer sought for by the petitioner is neither feasible nor
justifiable. The prayer cannot be allowed.
This writ petition was filed by the Indian Association of Lawyers
where it is prayed that retiral benefits of the High Court Judges should be
on par with the Judges of the Supreme Court. For Judges of the High Court,
there are appropriate Rules governing pension and other allowances and it
cannot be equated with the retiral benefits of the Judges of the Supreme Court. Prayer sought for in the writ petition cannot be allowed.
The petitioner herein the former Judge of the Madras High Court has
filed writ petition before the High Court praying that he had undergone
bypass surgery in Apollo Hospital at Chennai. He had submitted a bill for
Rs.39974/- along with an application but the applicant passed away on
4.1.2007. The State had not made any effort to reimburse the amount. It
is made clear that if any of his legal heirs claims with necessary details, the
State Government shall consider the claim in accordance with law.
With the above direction, the transfer case is disposed of accordingly.