CHANDIGARH: In a respite to over 400 judicial officers working in various subordinate courts of Haryana, the Punjab and Haryana high court has quashed the instructions issued by the state government depriving the officers of leave travel concession (LTC) benefits. Directing the state to consider the judges of subordinate courts at par with the other employees of the state government in the matter of grant of benefits, HC has held the action of the Haryana government as "discriminatory, arbitrary" and violative of the equality in the matter of benefits to the state employees. HC also held that the state cannot create a class within the employees of the state for depriving them of such benefits.
The government had denied the LTC benefits to the judges on the ground that the judges constitute a separate class, thus not entitled for such monetary benefits. A division bench comprising Justice Hemant Gupta and Justice Ritu Bahri has passed the order while allowing a petition filed by the Haryana Judges Association.
In its petition, the Judges Association had challenged the Haryana government's instructions issued on December 28, 2010, whereby the judicial officers working in the state were denied benefit of cash payment in lieu of LTC in a block of four years in a discriminatory manner, as the said benefit has been granted to other employees of the state.
Haryana had framed LTC scheme in February 2009 for all state employees, which includes for members of the Haryana Civil Service (Executive) Branch Officers as well but not the officers of state judicial services. As per the said scheme, one-month salary is admissible to the state government employees, who do not avail LTC facility in the block of four years.
The petitioners had argued that the judicial officers are employees of the state of Haryana and entitled to be treated at par with other employees and cannot be treated as separate class so as to deny the benefit of cash payment in lieu of the scheme applicable to all employees.
However, contesting the petition, Haryana had taken the stand that the pay-scale and other benefits to the judicial officers are in terms of the judgment of the Supreme Court in All India Judges Association versus Union of India, and the orders passed from time to time. "Such benefit of LTC is not contemplated either in the report of Shetty Commission or by the Supreme Court regarding the pay and perks of the judicial officers, which constitutes a separate class," argued the state.
However, bench quashed the state's policy.
Punjab and Haryana high court quashes policy depriving judges of leave travel concession benefits
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Punjab and Haryana high court quashes policy depriving judges of leave travel concession benefits
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Punjab and Haryana high court quashes policy depriving judges of leave travel concession benefits
