Finally, SC judgment passed in January implemented
Mohinder Verma
JAMMU, Oct 12: The Judicial Officers in the Union Territory of Jammu and Kashmir will get several new allowances as the Government has notified J&K Judicial Officers (Allowances, Amenities and Advances) Rules, 2024 by repealing the Rules of 2007. With this, the judgment passed by the Supreme Court in the month of January this year has finally been implemented.
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The Second National Judicial Pay Commission had recommended certain modifications in allowances, amenities and advances as well as grant of certain new allowances and amenities to the Judicial Officers. The Supreme Court accepted most of the recommendations with some modifications vide its judgment/order dated January 4, 2024 passed in Writ Petition (Civil) No.643/2015 titled All India Judges Association Versus Union of India and Others.
However, the judgment remained unimplemented for quite long time and this led to filing of contempt petition and in the month of August this year the Apex Court expressed serious concern over the non-implementation of judgment and even refused to grant any more time.
Thereafter, the Department of Justice, Ministry of Law and Justice vide its communication dated September 24, 2024 conveyed the sanction of the competent authority for implementation of the order passed by the Apex Court on January 4, 2024 regarding payment of allowances to the Judicial Officers of the Union Territories.
Subsequently, Finance Department of J&K Union Territory vide communication dated September 29, 2024 conveyed its concurrence and now in exercise of the powers conferred by proviso to Article 309 of the Constitution of India, the Lieutenant Governor of J&K in consultation with the High Court of J&K and Ladakh and in supersession of all rules, notifications and orders on the subject, has notified Jammu and Kashmir Judicial Officers (Allowances, Amenities and Advances) Rules, 2024.
These Rules will be applicable to the members of the J&K Higher Judicial Service and the J&K Civil Services (Judicial) including Judicial Officers posted on deputation with the Government, read the notification issued by Department of Law, Justice and Parliamentary Affairs of J&K Government.
Now, the Judicial Officers will get Rs 2250 per month as Children Education Allowance and Rs 6750 per month as hostel subsidy for two children up to Class 12. However, for the children with special needs, the reimbursement would be double. Moreover, when the rate of Dearness Allowance will increase by 50%, the allowances and subsidy will increase by 24%. This allowance will be admissible with effect from academic year 2019-20.
However, the City Compensatory Allowance, which the Judicial Officers were getting earlier, shall be discontinued.
Some changes have also been made in the conveyance and transport allowance and the pool car service for various Judicial Officers as recommended by the First National Judicial Pay Commission has been dispensed with. However, the transport allowance at the rate of Rs 10,000 per month with effect from January 1, 2026 will be paid to those Judicial Officers who own the car so as to cover the cost of maintenance and driver’s salary. In addition to the transport allowance, there will be reimbursement of the cost of 100 litres of petrol/diesel in cities and 75 litres in other areas.
Moreover, the Judicial Officers using official cars shall be permitted to use such cars for private purposes to the extent of 300 kilometers per month. Further, car loan facilities to the extent of Rs 10 lakh at nominal rate of interest for the purchase of car has been extended to the Judicial Officers as per existing norms.
Again for the first time, the serving Judicial Officers will be entitled to home orderly/domestic help allowance at the specified rate——District Judges: Minimum Wages notified by the Government for one unskilled worker in J&K subject to minimum of Rs 10,000 per month with effect from January 1, 2020 and with the enhancement of 30% with effect from January 1, 2021 and Civil Judges: 60% of the Minimum Wages notified by the Government subject to minimum of Rs 7500 per month with effect from January 1, 2020 and with enhancement of 30% with effect from January 1, 2021.
The retired Judicial Officers and family pensioners will also be entitled to home orderly/domestic help allowance and for this separate rate has been notified by the Government in the Rules.
Earlier, Judicial Officers were getting fixed Medical Allowance at the rate of Rs 1000 per month and now the same has been fixed at Rs 3000 per month with effect from January 1, 2016. Similarly, retired Judicial Officers and the family pensioners will be entitled to fixed Medical Allowance of Rs 4000 per month.
Now, the Judicial Officers will be entitled to house building advance in terms of House Building Advance Rules, 2017 read with Ministry of Housing and Urban Affairs’ Office Memorandum dated November 9, 2017. They will also get risk allowance at the same rate as is admissible to civilian Government employees in the UT of J&K and their robe allowance has been increased from Rs 6000 to Rs 12000 once in three years.
For the special pay for administrative work new categories have been included.
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