No.L-11 017/1I2009-Jus.Government of India

Ministry of Law and Justice(Department of Justice)

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Jaisalmer House, Mansingh Road,~

New Delhi-11, the -.S July, 2012.

ToThe Secretary General,Supreme Court ofIndia,New Delhi.

The Registrar Generals,All High Courts.

Subject:- The High Court Judges (Travelling Allowance) Amendment Rules, 2011 andthe High Court Judges (Travelling Allowance) Amendment Rules, 2011.

Sir,

I am directed to refer to this Department's letter of even dated 11.10.2011 onthe above subject and to say that some High Courts and members of AdministrativeTribunals have sought further clarification on various points involving DA entitlements ofJudges while on tour. The matter has been considered in consultation with the Departmentof Expenditure, M/o Finance.

In terms of the instructions issued by the Ministry of Finance vide O.M. No.19030/312008-E.IV dated 23.09.2008 after the 6th Central Pay Commission (CPC), theDaily Allowance is now paid as reimbursement for hotel/guest house accommodationupto Rs. 5,000/- per day, reimbursement of air-conditioned taxi for upto 50 km andieimbursement of food bills not exceeding Rs. 500/- per day to government officialsdrawing highest Grade. Resultantly, Judges of the Supreme Court of India and the HighCourts would be eligible to these rates. As per the said O.M., there is an automaticincrease of 25 per cent in the rates of reimbursement for hotel accommodation chargeseach time Dearness Allowance on the revised pay structure increases by 50 per cent. Asthe Dearness Allowance has increased by 50 per cent with effect from 01.01.2011, this 25percent increase in the reimbursement for hotel accommodation is admissible and may beallowed. Separate order regarding this increase is also being issued.

Further, it is clarified that the Ministry of Finance has not issued any orderspermitting reimbursement on the basis of self-certification for purchase of food items.However, an option has been allowed vide O.M. No. 19030/3/2008-E.IV dated22.01.2009 wherein Daily Allowance as per pre-revised rates (5th CPC) can be claimed.Thus, option can be ascertained in cases in which reimbursement poses a problem.

The specific points raised by various High Courts, regarding the Allowancefor Judges while on tour, are elarified as under:- .

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Observations/Queries by High Courts1. Since the first proviso to Rule 2 (1)

(e) has not been amended or touchedby 2011 amendment, if it is to beunderstood that a Judge would beentitled to a daily allowance up toRs.5,000/-, subject to production ofvouchers, in that case, what would bethe daily allowance payable to aJudge, under clause (ii) of the firstproviso to Rule 2 (l)(e), i.e. 30% or50% or 100%;

2. Whether a Judge, who is not a StateGuest but allowed to avail free boardand lodging at the expense of theCentral Government or StateGovernment etc., would be entitled todaily allowance restricted to 25% ofRs.5,000/-;

3. Whether a Judge would be entitled to50% of Rs.5,000/- as daily allowance,if only board or lodging is allowedfree;

4. What would be the entitlement, incase of stay in a Govt. Guest House orGuest House where the Govt. fundshave been invested etc., as by 2011amendment the daily allowance hasbeen fixed up to Rs.5, 000/- for hotelor Guest House accommodation notowned by the Government or wherethe Government funds have beeninvested or the Government has anyother interest. To what amount ofdaily allowance a Judge would beentitled to if he/she arranges ownprivate accommodation and food;

5. Relating to the entitlement of theamount not exceeding Rs.500/- perday towards the food bill by a Judge,as amended by 2011 amendment, is it

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ClarificationAfter the implementation of the 6th

CPC recommendations, dailyallowance is granted in the form ofreimbursement and is delinked fromthe number of hours of stay in aparticular station and is linked to theactual amount paid on accommodation,transport and food.

No, Sir; only reimbursement of actualexpenses incurred on hotelaccommodation/guest house, transportand food subject to maximumadmissible amount is permissible.

No, Sir; permissible reimbursement isbased on actual expenses incurred only.If lodging is allowed free, onlyboarding charges (food expenses) andtaxi charges can be reimbursed. Ifboarding (food expenses) is allowedfree, only lodging and taxi chargesupto the maximum permissible limitcan be reimbursed.Reimbursement of accommodation islimited to actual expenses incurredsubject to";" maximum amountadmissible under the Rules. Similarly,reimbursement of' food bills isadmissible subject to the maximumamount admissible under the rulessubject to production of vouchers.

No orders permitting reimbursement onthe basis of self-certification towardspurchase of food items have beenissued. However, an option has been

required to produce the vouchers as itis not possible on the part of Judge toask for vouchers for purchase of eachand every food items, which includesvegetables. The Judges of this HighCourt are required to visit the otherpermanent Benches frequently andthey stay in the High Court GuestHouses and arrange for their ownfood.

allowed vide Department ofExpenditure O.M. No.19030/3/2008-E.IV dated 22.01.2009, wherein DailyAllowance as per pre-revised rates (5th

CPe) can be claimed. The Judges canavail of this option as a completepackage for a particular tourundertaken by them for discharging theofficial duty.

6. When a Judge stays outside the Statein a star hotel and pays Rs.5000/-towards hotel accommodation andRs.500/- towards food, then on suchprivate accommodation, the Judge'sDA will be limited to Rs.5000/- and ifthe answer is in the negative thenwhat would be. the specific amounttowards boarding, lodging and DA?

Reimbursement is permissible on thebasis of actual expenses incurredsubject to maximum admissibleamount irrespective of the governmentor private accommodation.

7. Is Daily Allowance at the rate of 50%of Rs.5,000/- per day admissible whenJudges are required to discharge theirjudicial/official normal duties outsidethe Headquarters, as clarified videletter dated 11.10.2011.

After the implementation of the SixthCentral Pay Commission'srecommendations, Daily Allowance isregulated as per actual expensesincurred. There is, however, an optionto claim the pre-revised rates of DA_'available vide O.M. dated 22.01.2009as mentioned above.

8. Suppose a Judge proceeded to Delhiand stayed in Orissa Bhavan/OrissaNivas for a day and paid Rs.300/-towards accommodation charges andalso paid Rs.200/- towards food.Now, question arises as to in such asituation what would be the ratio ofpayment and actual amount towardsDaily Allowance?

There is no ratio applicable after 6thCPC for payment of DA. If DA isclaimed as,.per revised rates,reimbursement of actual expenditureincurred is allowed, subject to theprescribed ceilings.

9. Applicability of the provision relatingto increase of daily allowance by 25%,payable to the officers of the Govt. ofIndia, In terms of the OfficeMemorandum dated 23.9.2008 (para.6thereof) whenever the dearnessallowance payable on the revised paystructure goes up by 50% to the HighCourt Judges under the 1956 Rules,needs to be clarified.

A separate order for extending thebenefit of 25% increase in the rates ofdaily allowance in the case of Judges isbeing issued.

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2. The daily allowance of Judges may be settled in accordance with the aboveclarifications.

3. This issues with the approval of Department of Expenditure, Ministry of Financevide LD.No.42409/2012 dated 06.06.2012.

)I~(p,P. Gupta)

Under Secretary to the Government of India

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Copy to :-

1. The Chief Secretary, All States/Govt. ofNCT of Delhi andChandigarh Administration.2. Accountant Generals of all State Governments/UTs.3. The Pay and Accounts Officer, Supreme Court ofIndia, New Delhi.4. The Pay and Accounts Officer No.XIV, Government ofNCT of Delhi,Fire Station Building, Shanker Road, New Delhi.5. % Comptroller & Auditor General of India, Bahadur Shah ZafarMarg, New Delhi. .6. % Chief Election Commissioner, Nirvachan Sadan, New Delhi.7. Central Administrative Tribunal, Principal Bench, 61135,Copemicus Marg, New Delhi.8. The Ministry of Finance, D/o Expenditure (B.IV. Branch), NorthBlock, New Delhi - w.r.t. their ID referred to above.9. Guard File.

(p :P. Gupta)Under Secretary to the Government of India

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