Cuttack, March 30: The state government’s decision to provide monthly domestic and medical allowance to the retired high court judges equal to the retired state judicial officers has been challenged as “illegal and arbitrary”.

“This approach is highly unbecoming and unwarranted,” alleged the Orissa High Court Retired Judges’ Association (OHCRJA) in a petition filed in Orissa High Court.

“There is no rationale behind the decision,” OHCRJA secretary Justice (retired) Chira Ranjan Pal (70) and president Justice (retired) Basudev Panigrahi (69) contended in their petition. The retired judicial officers are paid monthly domestic allowance of Rs 2,500 and medical allowance of Rs 1,500.

Advocate Harmohan Dhal has filed the petition on behalf of the association seeking direction for medical facilities for the retired high court judges as was being available during the incumbency of judgeship, enhancing the domestic help allowance and payment of secretarial assistance and telephone allowances.

Sitting judges of the high court are provided medical facilities under reimbursement process and provided with domestic help who get Class IV employee salary. “The Orissa High Court judges, who have been transferred to other high courts and have retired, are receiving such medical facilities as available to sitting judges and all other allowances. But the judges appointed and retired from Orissa are not receiving the same benefits which otherwise is discriminatory,” the petition contends.

According to the petition, a monitoring committee meeting on August 11, 2009, presided by chief minister Naveen Patnaik and acting Chief Justice of Orissa High Court, suggested that medical facilities to retired high court judges as available in other states should also be made available to the retired judges of Orissa High Court.

The OHCRJA had given a representation to the Chief Justice of Orissa High Court stating that “in absence of the facilities such as, medical assistance, domestic help, secretarial assistance and telephone charges, it was extremely difficult on part of members of the association to lead a dignified life”.

The state government had declared to accede to the proposal for medical assistance and domestic help. Subsequently, on February 14, 2011, the state home department had communicated to the registrar general of Orissa High Court indicating sanction of monthly domestic allowance of Rs 2,500 and medical allowance of Rs 1,500 for the retired judges and Chief Justices of Orissa High Court with effect from January 1, 2011.