ITEM NO.117                 COURT NO.1               SECTION XVIA

           S U P R E M E   C O U R T   O F   I N D I A                          RECORD OF PROCEEDINGS                      TRANSFER CASE (CIVIL.) NO. 13 OF 2003

P. KUMAR                                             Petitioner(s)

                     VERSUS

U.O.I & ORS.                                         Respondent(s)

(With office report ) WITH  T.C.(C) NO. 14 of 2003,T.C.(C) NO. 15 of 2003 T.C.(C) NO. 16 of 2003,T.C.(C) NO. 17 of 2003 T.C.(C) NO. 27 of 2003,T.C.(C) NO. 53 of 2003 T.C.(C) NO. 61 of 2003

Date: 05/02/2009  These Petitions were called on for hearing today.

CORAM :         HON'BLE  THE CHIEF JUSTICE         HON'BLE MR. JUSTICE P. SATHASIVAM

For Petitioner(s)/ Mr. Surya Kant, Adv. Respondent(s) Mr. S.K. Verma, Adv.

Mr. R. Ayyam Perumal, Adv. Mr. S. Vallinayagam, Adv.

Mr. K. Radhakrishnan, Sr. Adv. Mr. T.a. Khan, Adv. For Mr. B.K. Prasad, Adv.

                  Mr. P. Parmeswaran,Adv.(N.P.)                 

Mrs. Hemantika Wahi, Adv. Ms. Mamta Tushir, Adv.

Mr. N. Ganpathy, Adv.

Mr. Sanjay R. Hegde, Adv.     

Mrs. Revathy Raghavan, Adv.

          UPON hearing counsel the Court made the following                                O R D E R  

The transfer cases are disposed of in terms of

the signed order.

    (R.K. Dhawan)    (Veera Verma) Court Master    Court Master

(Signed order is placed on the file)

IN THE SUPREME COURT OF INDIA

CIVIL  ORIGINAL JURISDICTION

TRAMSFER CASE NO.13 OF 2003

P. KUMAR ...PETITIONER.

VERSUS

U.O.I. & ORS. ...RESPONDENTS.

WITH TRAMSFER CASE NOS.13, 14,15,16,17, 27,  53 AND 61 OF 2003   

O R D E R

T.C.(C) NO.13/2003

The writ petition filed before the High Court was transferred to this

Court.  The writ petition was filed by one P.Kumar in the Delhi High Court

seeking direction to extend to the Judges of the High Court while travelling

by air on leave travel concession by executive class and reimbursement be

allowed in accordance with the traveling allowance rules.  As on date the

prayer sought for has become infructuous.

The transfer case is disposed of accordingly.

T.C.(C) NO.14/2003  

The writ petition was filed by a public Registered Trust in the High

Court of Gujarat.  The petitioner prays that the house rent allowance being

paid to the judges of the Gujarat  

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High Court being varied and also seeks to strike down the orders issued by

the State Government regarding the allotment of land to the Judges of the

High Court in  Ahmedabad at concessional rates.

As  regards  house  rent  allowance  the  same  is  governed  by  the

Conditions  of  Service  of  the Judges  Act.   Neither  the petitioner  nor  his

counsel is present in Court.  Without expressing anything on merits and the

points raised, the transfer case is disposed of accordingly.

T.C.(C) NO.15/2003

Adjourned.  Permitted to file counter affidavit, if any.

T.C.(C) NO.16/2003

The writ petition was filed before the High Court of Karnataka.  The

main prayer in  the writ  petition is  that  the judge who is  transferred to

another High Court should be ensured of official residence at the transferee

place.  Prayer is restricted to some of the judges who have been transferred

to the High Court of Karnataka.  We do not think that any of the prayer

made in the writ petition survive for consideration.

The transfer case is disposed of accordingly.

T.C.(C) NO.17/2003

Neither the petitioner nor his counsel is present.  The writ petition

was filed before the High Court of Allahabad.  The petitioner is an advocate

practicing in the High Court of  

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Allahabad.  He prays that appropriate orders be passed directing revision of

salary of Judges of the High Court.     The salary of Judges of the High

Courts have been recently revised.  We do not think anything survives for

consideration.

The transfer case is disposed of accordingly.

T.C.(C) NO.27/2003  

The writ petition was filed before the High Court of Bombay where

the  petitioner  prays  that  the  special  Judge  who are  dealing  with  cases

regarding terrorist activities shall be insured by the State and that shall be

part of the service condition.  Neither petitioner nor his counsel present in

the Court.  The prayer sought for by the petitioner is neither feasible nor

justifiable.  The prayer cannot be allowed.

The transfer case is disposed of accordingly.

T.C.(C) NO.53/2003

This  writ  petition  was  filed  by  the  Indian  Association  of  Lawyers

where it is prayed that retiral  benefits of the High Court Judges should be

on par with the Judges of the Supreme Court.  For Judges of the High Court,

there are appropriate Rules governing pension and other allowances and  it

cannot be equated with the retiral benefits of the Judges of the Supreme

Court.  Prayer sought for in the writ petition cannot be allowed.

The transfer case is disposed of accordingly.

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T.C.(C) NO.61/2003

The petitioner herein the former Judge of the Madras High Court has

filed writ petition before the High Court praying that he had undergone

bypass surgery in Apollo Hospital at Chennai.  He had submitted a bill for

Rs.39974/- along with an application but the applicant passed away on

4.1.2007.  The State had not made any effort to reimburse the amount.  It

is made clear that if any of his legal heirs claims with necessary details, the

State Government shall consider the claim in accordance with law.

With the above direction, the transfer case is disposed of accordingly.

                 ...................CJI    (K.G. BALAKRISHNAN)

             .....................J    (P. SATHASIVAM)

NEW DELHI;    FEBRUARY 5, 2009.