# condition for the period as provided in the G.O. No. R-2/32-2-9R4/69/85, dated 2nd

- **Citation:** C.L. No. 1/Admin
- **Court:** Allahabad High Court
- **Decided:** 1970-02-10
- **Case number:** C.L. No. 1/Admin
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/condition-for-the-period-as-provided-in-the-g-o-no-r-2-32-2-9r4-69-85-dated-2nd-162145
- **Pages:** 3

## Text

121
allotted houses) beyond 45 days and any default in this behalf shall constitute
misconduct.
I am further to say that after considering the representation of an officer, Hon‟ble
the Chief Justice or Hon‟ble Judge nominated by His Lordship, may permit retention of
official residence to an officer on their transfer/retirement/death on same terms and
condition for the period as provided in the G.O. No. R-2/32-2-9R4/69/85, dated 2nd
January, 1992 and in no case the retention shall be allowed beyond the period prescribed
in the G.O. dated 02.1.1992, cited above.
I am, therefore, to request you kindly to circulate the aforesaid Court‟s order
amongst the Judicial Officers posted in your Judgeship for their information and strict
compliance.
C.L. No. 1/Admin. (B-1) Dated 06.01.2010
Retention of the official residence by the Judicial Officers after their
transfer/retirement/death.

In continuation of Court‟s Circular Letter No. 23/Admin.(B-1) Sec. Dated
15.5.2009, on the above subject, I am directed to say that the Court has been pleased to
frame the following guide lines, for retaining houses by Judicial Officers:-
GUIDELINES
Norms for filing and processing of representations of Judicial Officers for retention
of official residence after transfer/retirement/death:
1)
The District Judges must ensure strict compliance of the resolution of the
Administrative Committee conveyed by the Registrar General of the Court by the
Circular dated 15th may, 2009 and any default must be immediately brought to the notice
of the Court by fax/speed post. The resolution of the Administrative Committee, for the
sake of convenience, is reproduced:-
"In supersession of all Court‟s Circulars on the subject, it is resolved that the
Judicial Officer on transfer/retirement/death, as the case may be, shall not retain
official residence (houses belonging to Judicial Department, houses in the pooled
housing scheme and allotted houses), beyond 45 days and any default in this
behalf shall constitute misconduct.
Provided that Hon‟ble the Chief Justice or Judge nominated by Hon‟ble the Chief
Justice may permit retention of the official residence on the same terms and
conditions for the period as provided in the G.O. No. R-2/32-2-9R4/69/85, dated
2nd January, 1992 and in no case the retention shall be allowed beyond the period
prescribed in the Government Order dated 2nd January, 1992"
2)
A Judicial Officer who desires to retain the official residence beyond 45 days
must submit his representation to the High Court through the District Judge of the
Judgeship where he is posted well in advance so as to give sufficient time for processing
of the representation.
3)
In case of transfer, a copy of the representation must also be sent to the District
Judge of the Judgeship from the Judicial Officer has been transferred.
122
4)
Amongst others, the following information must be included in the
representation:-
(a)
In the case of transfer, the date of notification by which the Judicial
Officer was transferred, the date he handed over charge and the date when
he took charge at the transferred place.
(b)
In the case of transfer, the Judicial Officer must also mention whether he
has been allotted any official accommodation at the transferred place and
whether its possession has been given to him.
(c)
In the case of retirement/death, the date of retirement/death must be
mentioned.
(d)
The reason and the period for which the Judicial Officer desires to retain
the official accommodation.
5)
Upon receipt of the representation the concerned District Judges) should forward
it to the High Court within three days by Fax/Speed Post with their comments. The
comments must mention whether the concerned Judicial Officer has been allotted an
official accommodation at the transferred place and whether any other Judicial Officer of
the Judgeship from where the said officer has been transferred requires the
accommodation in his possession.
6)
In case of retirement/death, the representation must also be forwarded by the
District Judge to the High Court by Fax/Speed Post within three days with comments,
which should mention whether any Judicial Officer in the Judgeship requires the said
accommodation.
7)
On receipt of the aforesaid representation and comments from the District
Judge(s), the High Court Office must process the representation with expedition so that it
is placed before the Nominated Judge/Hon‟ble the Chief Justice with the comments
within three days.
8)
Upon receipt of the orders from Hon‟ble the Chief Justice the office must
promptly send the communication by fax/speed post to the concerned District Judge for
information and compliance of the order.
9)
The District Judge, upon receipt of the order from the High Court, must ensure
that service of the order is made upon the Judicial Officer at once and information about
compliance/non-compliance of the order should be sent to the High Court by Fax/Speed
Post.
10)
Mere pendency of the representation will not be made a ground to retain the
official accommodation beyond the prescribed period of 45 days and the consequences
enumerated in the resolution of the Administrative Committee will follow if the Judicial
Officer retains the official accommodation without any order of Hon‟ble The Chief
Justice.

I am, therefore, to request you kindly to circulate the aforesaid Court‟s guide lines
amongst the Judicial Officers posted in your Judgeship for their information and strict
compliance.
123
(ii)
Certificate of suitability of accommodation
C.E. No. 27/lVh-3 dated 11th March, 1970
With this C.E. copies of D.O. letter no. 590-A/29-E, dated February 10, 1970, of
the Government in the Rent Control Department and D.O. no. 590/29-E, dated January
31, 1970, have been endorsed to all the District Judges making it specific that exceptions
apart allotment of such a house, which falls vacant as a result of transfer of an officer,
should be made in favour of the successor of the previous allottee or any other officer of
his department and in no case be allotted to an officer of any other department.
C.L. No. 65 dated 28th May, 1970
For the purposes of para (4) of G.O. No. G-1-574/X-140-65, dated March 17, 1966,
the District and Sessions Judge will be the controlling officer for certifying the suitability
of accommodation in respect of all the Officers working under him.
(iii) Subletting
C.L. No. 89/IXg-35 dated 31st May, 1976
The attention of the Judicial Officers is invited to the provisions of subsidiary Rule
18-D, Chapter IV, F.H.B, Volume II Parts II to IV.
They should strictly comply with the instructions contained therein if and when any
outhouse or any other part of a building belonging to Government is required to be sublet.
(iv) P.W.D. inspection house for Officers
C.E. No. 96 dated 28th October, 1961
The Officers of the Judicial Department, if necessary, can stay in a Public Works
Department Inspection House for more than seven days after obtaining permission from
the Superintending Engineer concerned as required under clause 4(A), Appendix 28, of
the Manual of Orders, Public Works Department, Volume II or the Chief Engineer
P.W.D., as the case may be.
(v)
Occupation of official residences
G.L. No.3160 dated 6th October, 1909
The attention of all Judicial officers is drawn to the instructions contained in G.O.
No. 4430/11-646, dated 14th September, 1909 regarding the occupation, by officers in
civil employ, of government bungalows as residences, for due compliance.
The District Judge‟s Munsarim will be held responsible for seeing that the
Government Letter under reference is brought to the notice of every officer when he
enters into occupation of a government bungalow within the judgeship.
C.L. No. 28/S (b) dated 7th February, 1975
Efforts should be made to ensure that in no case Government owned residences
pass out of the hands of the Judicial Department.