Gauhati High Court transfers Nagaland judges’ allowance dispute to Division Bench, involving Risk and Higher Qualification Allowances
DIMAPUR — The Kohima Bench of Gauhati High Court has directed that a dispute over the grant of Risk Allowance and Higher Qualification Allowance to judicial officers in Nagaland be placed before Division Bench-I at the Principal Seat of the High Court.
The order was passed on Tuesday in a writ petition filed by the Nagaland Judges Association against the state government and the Finance department.
Justice Devashis Baruah observed that since the matter concerns judicial officers of Nagaland, it should be placed before the Division Bench at the Principal Seat. The court also held that the Gauhati High Court is a necessary party to the proceedings, as the decision taken by its Committee for Service Conditions of the District Judiciary was in terms of Article 235 of the Constitution.
The court directed the Registry to transfer the records and place the matter before Division Bench-I.
The dispute over Risk Allowance originates from an order passed by the Supreme Court on January 21, 2025, in All India Judges Association vs Union of India & Ors. The Supreme Court, while considering a clarification sought by Nagaland on the admissibility of Risk Allowance when civil officers of the state were not receiving such an allowance, had directed the respective Committee for Service Conditions of the District Judiciary to consider the issue.
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The Supreme Court had specifically stated that the committee should hear representatives of judicial officers as well as officials of the concerned state before considering the issue, while making it clear that it was expressing no opinion on the entitlement.
Before the Kohima Bench, counsel for the Nagaland Judges Association submitted that the Gauhati High Court committee had subsequently recommended that judicial officers in Nagaland were entitled to Risk Allowance. The state government, however, had denied such entitlement.
The second issue concerns the Higher Qualification Allowance.
Counsel for the petitioners argued that the Supreme Court's January 21, 2025 order required an allowance for an additional qualification to be linked to the judicial officer's cumulative salary. He submitted that if an officer obtained an additional qualification and subsequently received a promotion or ACP benefit, the allowance should be commensurate with the officer's increased cumulative salary.
The state's position was that its approach was similar to that adopted by Assam in an executive order dated February 16, 2026. The state submitted that once an increment was granted for obtaining an additional qualification, the benefit would continue throughout the officer's tenure, but would not be recalculated following a subsequent promotion or ACP.
The Kohima Bench did not adjudicate on the entitlement to either allowance. Instead, it directed that the matter be considered by the Division Bench at the Principal Seat.
The court also took note of the presence of Principal Secretary, Law & Justice, KD Vizo, and Commissioner & Secretary, Finance Department, Kesonyu Yhome, pursuant to an earlier order dated September 3. Their further appearance was dispensed with, subject to further orders from Division Bench-I.
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