Allahabad High Court
Renuka Singh And Another vs State Of U.P. And 2 Others on 18 August, 2021
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 36
Case :- WRIT - A No. - 10347 of 2021
Petitioner :- Renuka Singh And Another
Respondent :- State Of U.P. And 2 Others
Counsel for Petitioner :- Vipin Kumar Singh,Santosh Kr. Singh Paliwal
Counsel for Respondent :- C.S.C.,Jay Ram Pandey
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner, Shri Sanjay Kumar Singh, learned Additional Chief Standing Counsel for the State respondents and Sri Jay Ram Pandey, learned counsel for the respondent No.3. With their consent, this writ petition is being decided finally, without inviting a formal counter affidavit.
It is contended that law with regard to payment of House Rent Allowance has already been settled by a Larger Bench of this Court in Writ Petition No.19106 of 2004, whereunder question has been answered in following terms:-
"The relevant principle for the purposes of computing and determining the admissibility of HRA in terms of the relevant Government Order dated 15 December 1981 and the Government Orders which have been referred to in the present judgment, is the place of work. If the place of work falls within a notified municipal area or though beyond municipal limits is within a distance of eight kilometers of the municipal limits, HRA would be payable at the rate as applicable in respect of the municipal area. The district within which the institution is situated would not be material so long as the institution or place of work is within the municipal limits or within a distance of eight kilometers beyond the municipal limits.
We also clarify that the interpretation which we have placed is on the basis of Government Orders which form the subject matter of these proceedings. Since the field falls within the purview of Government Orders, any subsequent modification of the position by the Government would be governed by the extant Government Orders.
The reference is, accordingly, disposed of. The writ petition shall now be listed before the learned Single Judge for disposal in the light of the questions so answered."
Petitioners contend that in such view of the matter, payment of House Rent Allowance to petitioners ought not to be determined with reference to the district in which they are posted, rather it should be examined with reference to its distance from the municipal limits of Mirzpur.
Learned counsel appearing for the respondents submit that grievance of the petitioners shall be examined by the authority concerned, in accordance with law.
Considering the above, the writ petition stands disposed of, directing respondent No. 3 to examine the claim of the petitioners with regard to payment of House Rent Allowance, keeping in mind the law laid down by larger Bench of this Court, within a period of three months from the date of presentation of certified copy of this order. All consequential action shall be taken accordingly.
Order Date :- 18.8.2021
RKP
