# the District Magistrate for allotment of the house to the successor - **Citation:** C.L. No. 52/Budget - **Court:** Allahabad High Court - **Decided:** 1980-04-11 - **Case number:** C.L. No. 52/Budget - **Source:** https://unisonlegal.in/judgment/allahabad-high-court/the-district-magistrate-for-allotment-of-the-house-to-the-successor-162144 - **Pages:** 2 ## Text 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 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.