Section 7 in The High Court Judges Travelling Allowance Rules, 1956
7.
Where by reason of a change in the principal seat of the High Court a Judge changes his ordinary place of residence, he is entitled to the same allowance as on transfer from one High Court to another.[7-A] [Substituted by G.S.R. 194 (E), dated 7th September, 1986]Notwithstanding anything contained in rule 5, a Judge of the High Court shall be entitled to leave travel concession for himself, his wife and dependent members of his family for visiting any place in India (including permanent residence in his home State) during his leave, twice a year, in accordance with the rules applicable in this regard to a member of the Indian Administrative Service holding the rank of Secretary to the Government of the State in which the principal seat of the High Court is situated.Explanation. - For the purpose of this rule, `leave' shall include vacation @ (any of the gazetted holidays. closed holidays and Sundays:)Provided that a Judge of the Delhi High Court and a Judge of the Punjab and Haryana High Court shall be entitled to leave travel concession under this rule, twice a year, for visiting a place anywhere in India (including home town) in accordance with the rules applicable in this behalf to a member of the Indian Administrative Service holding the rank of a Joint Secretary to the Government of India;[***] [Deleted by G.S.R. 385(E), dated 10th May, 1995 (w.e.f. 10th May, 1995)]Provided that not more than one such change shall be permitted by the Central Government during the period of service of a Judge of a High Court.[Provided that a Chief Justice and a transferred Judge shall be entitled to an additional (third) leave travel concession to visit his permanent residence in his home State in a year.Explanation - "Year" means the `Calendar Year', provided that in the event of the return journey falling in the succeeding calendar year such journey shall be deemed to have been performed in the year in which the outward journey had commenced."] [Inserted by G.S.R. 719 (E), dated 3rd November, 1995 (w.e.f. 3rd November, 1995)][***] [Omitted by G.S.R. 1194 (E), dated 7th November, 1986][7-B] [Renumbered by G.S.R. 1194 (E), dated 7th November, 1986](1)In the case of a Judge who dies while in service, the members of his family shall be entitled to the following expenses for travel, by the shortest route from the headquarters of the Judge at the time of his death, to his permanent residence in his home State, provided that such journey is completed within six months from the date of death of the Judge :-[7-C] [Added by G.S.R. 891, dated 19th March, 1969]When a Judge retires from service, he and the members of his family shall be entitled to the following expenses for travel and for the transportation of personal effects from the place in which he was on duty prior to his retirement to the permanent residence in his home State declared for the purposes of rule 7-A, 7-B or 7-C. If a Judge wishes to settle down at a place other than the permanent residence in his home State declared for the purposes of rules 7-A, 7-B and 7-C, the amount of reimbursable to him on account of the expenditure actually, incurred by him on his journey and the journey of the members of his family and for the transportation of personal effects shall be that which would have been admissible to him had he actually proceeded to his permanent residence in his home State or the amount reimbursable for journey to a place other than the permanent residence in his home State, whichever is less. The precise entitlement as aforesaid under these rules shall be as follows namely :(a)When travelling by rail or steamer-(i)the Judge himself may travel by a reserved compartment or cabin of the highest class, [including air conditioned] [Substituted by G.S.R 717(E) dt. 04-12-1991]. The members of the family of the Judge may also travel in such reserved compartment or cabin with the Judge.(ii)members of his family not travelling in reserved compartment or cabin may travel in the highest class of accommodation [including air conditioned] [Substituted by G.S.R 717(E) dt. 04-12-1991][Provided that the Judge or his family members may travel by a public air transport at his option.] [Inserted by G.S.R 717(E) dated.04-12-1991](b)When travelling by road-One mileage allowance for the Judge, a second mileage allowance if two members of the family travelling with him and a third mileage allowance if more than two members of his family travel with him at the rate applicable to such Judge on the date he was last on duty.Provided that when any portion of the journey can be performed by rail, the allowance claimed in respect of that portion shall not exceed the amount admissible had the Judge and the members of his family travelled on such portion by rail by the highest class, excluding air-conditioned;(bb)[ The Judge and every member of his family shall be entitled to a daily allowance in respect of the journeys by the modes referred to in clauses (a) and (b), at the same rates as are admissible to a Judge when he travels on duty and the provisions of clause (c) of sub-rule (1) of rule 2 shall, as far as may be, apply] [Clause (bb), Inserted by G.S.R. 344 (E), dated 18th May, 1976 (w.e.f. 18th May, 1976)](c)for transportation of one motor car, by passenger train or steamer at owner's risk; and(d)for transportation of other personal effects, not exceeding the expenditure which would be incurred in the transport of [a full wagon] [Subsituted by G.S.R. 344(E) dated 12-05-1976(w.e.f. 18th May, 1976)] and the expenditure incurred in loading and unloading such personal effects;Provided that the above entitlement will lapse if the journey is not completed by the Judge within six months from the date of his retirement. Members of his family may follow him within six months or proceed him by not more than one month. The period of six months or one month, as the case may be, shall count from the date of retirement of the Judge.Provided further that the amount of travelling allowance admissible to the Judge [under Cls. (a) and (b)] [Substituted by G.S.R. 268(E), dated 18th May, 1976(w.e.f. 18th May, 1976)] shall be reduced by the amount claimed by the Judge as travel concession [under rule 7-A] [Substituted by G.S.R. 268(E), dated 18th May, 1976(w.e.f. 18th May, 1976)] if the amount claimed by the Judge as travel concession related to the journeys performed by him and the members of his during one year proceeding the date of retirement of the Judge."[***] [Omitted by G.S.R. 344(E) dated 12-05-1976](e)a lump-sum transfer grant and packing allowance at the same rates as are admissible to All India Service Officers holding the post of Secretary to the Government of India.(a)for journey by rail or steamer or both.-(i)[ actual first class fare, for every member, of the family.] [Substituted by G.S.R. 344(E), dated 18th May, 1976 (w.e.f. 18th May, 1976)](ii)actual cost of transportation of personal effects up to [a full wagon] [Substitued by G.S.R. 344(E), dated 18th May, 1976 (w.e.f. 18th May, 1976)](b)for journeys by road.-(i)[ one mileage allowance for one member of the family, a second mileage allowances if two members of the family travel and a third mileage allowance if more than two member of the family of the deceased Judge travel, at the rate applicable to such Judge on the date he was last on duty.] [Substituted by G.S.R. 1194(E), dated 7th November, 1986 (w.e.f. 7th November, 1986)](ii)actual cost of transportation of personal effects limited to the expenditure which would be incurred in the transportation of [a full wagon] [Substituted by G.S.R. 344(E), dated 18th May, 1976 (w.e.f. 18th May, 1976)] and the expenditure incurred in loading and uploading such personal effects.(c)[ for journeys by the modes referred to in Cls. (a) and (b), daily allowances at the same rates as are admissible to a Judge when he travels on duty and the provision of Cl. (e) of sub-section (1) of rule 2 shall, as far as may be, apply.] [Inserted by G.S.R. 344(E), dated 18th May, 1976 (w.e.f. 18th May, 1976)](2)The expenses specified in sub-rule (1) shall also be admissible for travel by a member of the family of the deceased Judge from the headquarters of the Judge at the time of his death to a place other than his permanent residence in his home State or from such other place, as the member happens to be at the time of the Judge's death, to a place other than the Judge's permanent residence, in his home State, provided that the journey is completed within six months from the date of death of the Judge and the total expenses claimed for such journey do not exceed the amount which would have been admissible had such member travelled from the headquarters of the Judge to his permanent residence in his home State.(3)Nothing in this rule shall apply in the case of a Judge who dies while on leave preparatory to retirement.[***] [Omitted by G.S.R 621(E) dated 01.09.1999][***] [Omitted by G.S.R 1194(E) dated 07-11-1986.]
