Factual Background 

In the Matter of Dinesh Chandra Verma v. State of UP A former vice chairman of the Central Administrative Tribunal filed a writ case against a decision made by the state government that denied his request for a domestic help payment. The petitioner, a former district judge for the State of Uttar Pradesh, retired from that position before joining the Central Administrative Tribunal. He received the Domestic Help Allowance at first. He became irritated with the authorities when he was not paid for the following quarters. He filed a writ petition, and the State Government’s Department of Law and Justice was instructed to reevaluate his claim. The State Government, however, issued an order rejecting the claim. The petitioner asked for the allowance to be paid in line with the terms of the government order, as well as periodic modifications, arrears, and interest compounded annually at a rate of 12%.

Analysis of Court order 

The petitioner is entitled to Domestic Help Allowance, according to the ruling of the division bench of the Allahabad High Court’s Justice Devendra Kumar Upadhyaya and Justice Om Prakash Shukla. The State has been ordered to provide the petitioner with the allowance beginning on March 1st, 2008, along with any periodical revisions that may be necessary within one month of the date of this order, as well as any arrears of the said allowance within the following two months. However, he was not allowed to receive interest payments.

The Chairman and Vice-Chairman of the Tribunal are subject to the same terms of employment and benefits as High Court Judges under the High Court Judges Conditions of Service Act, 1954, according to the Central Administrative Tribunal Case Rules of 1985. The Court defines pension as including gratuity, death benefits, and retirement benefits in addition to a judge’s pension. A payment included in the concept of pension is one that is paid to a High Court Judge as retirement benefits.

The Court maintained the right to the Domestic Help Allowance for a retired High Court Judge. The Chairman and Vice Chairman of the Central Administrative Tribunal must have access to the same privileges as a High Court Judge, according to Rule 15-A of the Rules of 1985. According to the court, Rule 15-A is required, making it necessary for the State to provide all perks, including the Domestic Help Allowance. According to Section 2(gg) of the Act of 1954, the Domestic Help Allowance is a retirement benefit and is thus included in the pension.

CASE NAME – Dinesh Chandra Verma v. State of UP, Writ A No. 18675 of 2020