# houses are allotted to Judicial Officers not by name but the office held by them

- **Citation:** C.L. No. 16/IVh-3
- **Court:** Allahabad High Court
- **Decided:** 1980-04-11
- **Case number:** C.L. No. 16/IVh-3
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/houses-are-allotted-to-judicial-officers-not-by-name-but-the-office-held-by-them-162140
- **Pages:** 2

## Text

119
C.L. No. 16/IVh-3 dated 13th February, 1956
District Judge should approach the District Magistrate and arrange with him so that
houses are allotted to Judicial Officers not by name but the office held by them.
C.L. No. 97 dated 27th October, 1958
A Judicial officer on transfer often faces the difficulty of securing the house of his
predecessor. This difficulty may partially be solved if timely information is sent to the
new station whether or not the officer transferred takes upon himself the responsibility of
paying rent of the house occupied by his predecessor after it has been vacated by the
latter. As such on receipt of an order of transfer of a Judicial officer to another station
where he is to succeed another officer, the District Judge should immediately contact the
officer under him and ascertain from him if he is willing to pay the rent of the house
occupied by the officer he is going to relieve, in the event of its being allotted to him, for
the period during which the house remains vacant after it has been vacated by his
predecessor and before he occupies it. The District Judge should forthwith send
intimation of this fact to the District Judge of the station to which the officer is being
transferred and the District Judge of that station should thereupon intimate this fact to the
District Magistrate and try to secure the accommodation for the new officer.
C.L. No. 153/S dated 15th December, 1975
A list of residential buildings under the control of District Judges should be sent to
the Accountant General, the Court and the Government for record. A statement in Form
No. 30, as required under paragraph 287 of F.H.B., Vol. V should also be prepared and
sent to the A.G., U.P. and the Court and it should be ensured that the rent of residential
houses is realized from the Judicial Officers regularly in accordance with the sanctioned
rent statements.
C.L. No. 127/S (b) dated 23rd November, 1970
In order to obviate difficulties of Judicial Officers for non-availability of suitable
residences on their transfer from one district to another, District Judges should strictly
comply with the following instructions:
1.
If an officer is living in a private residence and a government residence is
made available to him, he must vacate the private residence, otherwise he
will be required to pay the rent of the government residence also.
2.
If the officer transferred to another station does not occupy the official
residence vacated by his predecessor or occupies it late by his own
volition, he will have to pay the rent of the residence in question for the
period it remains vacant on account of his failure to occupy it.
3.
If the officer transferred to another station has been living in an allotted
house, the same should be made available to his successor, and if there is
any difficulty the matter should be brought to the notice of the Court
immediately prior to the vacation of the house by the officer transferred,
so that if necessary, the order of transfer may be cancelled and the Judicial
Department does not lose the house.
120
4.
On being informed of his transfer, the District Judge should himself move
the District Magistrate for allotment of the house to the successor.
C.L. No. 52/Budget dated 25th September, 1983
Whenever a departmental house is available it should be allotted to a Judicial
officer and in no case it should be allotted to an officer of any other department. If,
however, a departmental house becomes surplus prior permission of the Court should
invariably be obtained before permitting the house to be occupied by an officer of any
other department.
C.L. No. 55S (b)/Budget/Pooled Houses dated 14th May, 1980
Invites attention to Government letter No. 796/VII-U.Nya.nst/ 79TC, dated April
11, 1980, whereby it has been decided by the Government that the pooled houses in the
occupation of Judicial Officers on 1.1.1980 shall be reserved for the Officers of the
Judicial Department. The District Judges should ensure that the residences constructed
under Pooled Housing Scheme, vacated by the Officers are kept reserved for the Officers
of the Judicial Department and are allotted to the Officers as recommended by them.
C.L. No. 74/Admn. (B-1) dated 22nd November, 1985
District Judges should ensure that the houses in the Pool-Scheme which were in
possession of Judicial Officers on 1.1.80 be allotted to Judicial Officers only, on their
recommendations. It may be strictly ensured that any house in Pool-Scheme should not
be surrendered without prior approval of the Court.
C.L. No. 86/S(b)/Admn. Budget dated 13th January, 1987
The Judicial Officers upon transfer or retirement as the case may be shall not retain
their official residences (houses belonging to Judicial Department, houses in the pooled
housing scheme and allotted houses) beyond 45 days on any ground whatsoever without
prior permission of the Court and a default in this behalf shall constitute 'misconduct'.
Retention
of
official
residence
by
the
Judicial
Officers
after
their
transfer/retirement/death
No. 2173/Admin.(B-I) Section, Dated: May 22, 2009

I am directed to send herewith 10 copies of Circular letter No. 23/Admin. (B-I)
Sec., dated 15.5.2009, on the above subject and to request you kindly to publish it in the
forthcoming Book of Circular Letters.
Retention of the official residence by the Judicial Officers after their
transfer/retirement/death.
C.L. No. 23/2009/Admin. (B-1) Sec., Dated: May 15, 2009

I am directed to say that in supersession of Court‟s previous Circular Letters No.
86/S(b)/Admin. Budget, dated 13.1.1987 and No. 2/Admin.(B-I), dated 05.5.1995, on the
above subject, the Court has been pleased to order that the Judicial Officers on their
transfer/retirement/death, as the case may be, shall not retain the official residence
(houses belonging to the Judicial department, houses under pooled housing scheme and