Delhi judicial service and Delhi higher judicial service allowances order 2024
DEPARTMENT OF LAW, JUSTICE AND LEGISLATIVE AFFAIRS
ORDER
Delhi, the 29th November, 2024
DELHI JUDICIAL SERVICE AND DELHI HIGHER JUDICIAL SERVICE ALLOWANCES ORDER, 2024
F. No.1/16/2020-Judl./P.F.2/Suptlaw/2085.—WHEREAS, The Hon’ble Supreme Court of India, New Delhi in W.P.(Civil) No. 643/2015 titled as All India Judges Association vs. Union of India &Ors., vide its Order dated 09th May, 2017 directed appointment of Second National Judicial Pay Commission under the Chairmanship of Mr. Justice P. V. Reddi, former Judge of Supreme Court of India for the purpose of making suitable recommendations for revision of Pay, Allowances and Other conditions of Service of members of the District Judiciary;
AND WHEREAS, the Hon’ble Supreme Court of India in its Judgment dated 27th July, 2022 and 19th May, 2023 had accepted the recommendation of the Second National Judicial Pay Commission qua revision of pay and pension of the Judicial Officers and accordingly Government of NCT of Delhi after receipt of necessary concurrence from Department of Expenditure, Ministry of Finance, GoI, has already revised pay and pension by suitably framing/ amending relevant rules in respect of revision of pay, pension and other retirement benefits of the Officers of the Delhi Judicial Service And Delhi Higher Judicial Service;
AND WHEREAS, the Hon’ble Supreme Court of India vide its Judgment dated 4th January, 2024 has issued directions with respect to the allowances (21 in number) payable to the Judicial Officers, Retired Judicial Officers and Family Pensioners as recommended by the Second National Judicial Pay Commission;
NOW THEREFORE, in due compliance with the directions issued vide Judgment dated 4th January, 2024, after receipt of necessary concurrence from the competent authority, the Government of NCT of Delhi, on the basis of the explanatory/clarificatory memorandum in respect of 6 allowances out of the 21 allowances, issued by Committee for Service Conditions of the District Judiciary, High Court of Delhi, is pleased to sanction following allowances which shall be payable/reimbursable to the Judicial Officers (including those who are on deputation), namely:-
1. Concurrent Charge Allowance
(i) Concurrent Charge allowance shall be paid to a judicial officer where such officer holds charge of/does the work of an additional Court/post beyond a period of ten working days in a month.
(ii) Concurrent Charge allowance shall be admissible at the rate of 8% of the minimum of the pay scale of the additional post (basic pay) where the judicial officer holds charge of/does the work of an additional Court/post for more than 10 and up to 15 working days in a month; and at the rate of 10% of the minimum of the scale of the additional post (basic pay) where the judicial officer holds charge of/does the work of an additional Court/post for more than 15 working days in a month. However, in case the pay scale of the additional post is higher than the pay scale of the post which the judicial officer is currently holding, he will be entitled to Concurrent Charge allowance calculated at such basic pay not exceeding the current basic pay drawn by the officer.
(iii) Concurrent Charge Allowance shall be admissible so long as, the judicial officer has done some judicial work in the nature of recording of evidence/statements, disposal of miscellaneous applications or bail applications, etc. (as opposed to merely granting adjournments or passing routine orders) or has handled substantial administrative work, on a daily basis, of the additional Court/post. The judicial officer shall submit a brief summary of the work done (of the additional court/post) to the concerned Principal District & Sessions Judge while making a request for claiming such allowance and the allowance shall be payable on the orders of the concerned Principal District &Sessions Judge.
(iv) A Judicial Officer shall not be entitled to any additional payment in case he holds the charge of/does the work of, more than one additional Court/Post.
However, in case the Judicial Officer holds the charge of/does the work of more than one additional Court/post on different days (as opposed to doing the work of more than one Court on the same day) the cumulative number of days on which he has worked; and otherwise also the cumulative work done by him, shall be taken into account while considering his request for claiming such allowance.
2. Conveyance/Transport Allowance:
(i) The judicial officers using official cars shall be permitted to use them for private purposes to the extent of 300 kms per month without the payment of any charges.
(ii) Soft Loan facilities* to the extent of Rs. 10 Lakhs for the purchase of car shall be extended to the judicial officers on simple interest at the rate of 4% per annum. The loan process shall be simplified and the loan amount shall be disbursed within one month from the date of application.
(iii) The aforesaid soft loan facility* shall also be available to a judicial officer who has already availed a car loan in his own name from any other bank or financial institution and wants to migrate to this facility of soft loan, provided such officer was eligible for grant of soft loan facility on the date when he/she obtained the car loan from the bank or other financial institution. The concerned Principal District & Session Judge shall ensure that such soft loan facility is limited to the amount of loan still due to be repaid by the judicial officer subject to a maximum of Rs. 10 Lakhs. On sanction of the soft loan, such amount shall be released to the eligible judicial officer in one lump sum and the judicial officer shall produce the Soft Loan Utilization Certification within one month of the date of release of the loan amount.
3. Home Orderly/Domestic Help Allowance
The Judicial Officers in District Judge, Super Time Scale, who had engaged two Home Orderlies in accordance with the current policy (as approved by the Government of NCT of Delhi), shall, in respect of one unskilled worker employed by them, be entitled for reimbursement of minimum wages as notified in the NCT of Delhi, subject to a minimum of Rs.10,000/- per month with effect from 01.01.2016. In so far as the second unskilled worker employed by them is concerned, they shall continue to avail reimbursement at the rate of 50% of the minimum wages as notified in the NCT of Delhi, with effect from 01.01.2016.
* Guidelines/Modalities for Soft Loan Facility (Advance) for purchase of Car by Officers of Delhi Judicial Service and Delhi Higher Judicial Service shall be issued in due course.
4. Air Conditioner Allowance:
(i) In addition to camp office allowance/furniture grant, the Judicial Officers shall also be entitled for reimbursement of the cost of one air conditioner once in 5 years i.e. for the Block year 2016- 2020, Block year 2021-2025 and so on.
5. L.T.C/H.T.C:
(ii) The upper limit regarding reimbursement of the cost of air conditioner shall be Rs. 50,000/- plus applicable GST in a given block year.
(iii) The reimbursement of the cost of one air conditioner for the Block Year 2021-2025 shall be made on production of a valid bill of purchase of the air conditioner from any dealer having GST registration or through online mode, on or after 01.01.2021 but not later than 31.12.2025.
(iv) The reimbursement of the cost of one air conditioner towards the Block Year 2016-2020 shall be on self-certification basis without the requirement of production of any bill in case one air conditioner has actually been purchased by the judicial officer on or after 01.01.2016 but prior to the issuance of this memorandum.
(v) In case the spouse of the judicial officer is also in judicial service (or other government service where such allowance is admissible) both of them shall be entitled to separately claim such allowance/reimbursement.
(vi) The prevalent practice in respect of retention of furniture shall continue in respect of Air Conditioners also after expiry of the block period. It is clarified that the judicial officers who have purchased air conditioners for the Block Year 2021-2025 or the Block Year 2016-2020 shall become eligible for purchase of air conditioner for the Block Year 2026-2030 on 01.01.2026 irrespective of the date of purchase of the same for the previous block years.
(i) The judicial officers shall be permitted to avail one LTC and one HTC in a block of three years, with the restriction that both LTC and HTC cannot be availed during the same year.
(ii) For the purpose of claiming L.T.C/H.T.C, the block years be taken as 2016-2018; 2019-2021; 2022- 2024; 2025-2027 and so on.
(iii) The reimbursement shall be made subject to the condition that the tickets have been purchased either directly from the Airlines (from its physical office/counter or from its website or from its mobile application) or from the agents authorized by the Government.
* Guidelines/Modalities for Soft Loan Facility (Advance) for purchase of Car by Officers of Delhi Judicial Service and Delhi Higher Judicial Service shall be issued in due course.
(iv) All other instructions issued by the Central Government with respect to LTC/HTC/HTC conversion shall apply, mutatis mutandis, to the judicial officers as well.
6. House Building Advance:
House Building Advance (HBA)* shall be available to judicial officers for the purchase of a ready built house from private individuals also in terms of the House Building Advance Rules, 2017 subject to the following additional conditions: –
(i) the seller(s) should have a registered conveyance deed or sale deed or lease deed in his/their favour;
(ii) all monetary transactions should be through banking channels;
(iii) wherever deemed appropriate, the Principal District & Sessions Judge(s) may get the market value of the house assessed with the assistance of such government authorities as deemed appropriate so as to ascertain as to whether the sale consideration has been inflated or not.
* Guidelines/Modalities for House Building Advance (HBA) for Officers of Delhi Judicial Service and Delhi Higher Judicial Service shall be issued in due course.
By Order and in The Name of
Lt. Governor National Capital Territory of Delhi,
REETESH SINGH, Principal Secy. (Law, Justice & L.A.)
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