Allahabad High Court
Ajay Singh And 7 Others vs State Of U.P. And 2 Others on 16 December, 2022
Bench: Saumitra Dayal Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 36
Case :- WRIT - A No. - 21061 of 2022
Petitioner :- Ajay Singh And 7 Others
Respondent :- State Of U.P. And 2 Others
Counsel for Petitioner :- Kumar Parikshit,Abhishek Kumar Saroj,Rageeni
Counsel for Respondent :- C.S.C.
Hon'ble Saumitra Dayal Singh,J.
1. Challenge has been raised to the order dated 09.11.2022 whereby higher H.R.A. amount claimed by the petitioners considering the rates prescribed for Varanasi Nagar Nigam has been declined for the period August 2022 onwards. Here, it may be noted, petitioner nos. 1 to 3 are engaged as Lecturers and petitioner nos. 4 to 8 are engaged as Assistant Teachers at Rashtriya Inter College, Sherpur, Mirzapur.
2. With respect to other teaching faculty at the said institution, earlier litigation had emerged in Smt. Kaushalya Singh & Ors. Vs. State of U.P. & Ors. (Writ - A No. 2474 of 2008) decided on 13.03.2019. The relevant discussion made in that order is as below:
"2. Dispute relates to payment of House Rent Allowance (hereinafter referred to as "H.R.A.") to petitioners. Their representation has been rejected vide order dated 03.09.2003.
3. This aspect has been considered by a Full Bench of this Court in Writ A No. 19106 of 2004 (Uma Shanker Singh and Others Vs. State of U.P. and Others) decided on 18.09.2015. Following questions were referred for consideration :-
"(a) Whether the Government Order dated 10.12.2002 which provides for computation of distance of the institution concerned for the purpose of payment of house rent allowance from the original Nagarpalika, in the facts of the case Mirzapur, is binding between the parties;
(b) Whether the Government Order dated 10.12.2002 is in violation of Article 14 and 16 of the Constitution of India;
(c) Whether the judgment of the Division Bench holding that it is irrelevant from which Municipal Board the distance of the institution is less than 8 kilometers, lays down the correct position in law or not."
4. The above questions were answered as under :-
"Question (a)- The Government Order dated 10 December 2002 was in the context of the facts of a particular educational institution, namely, Om Prakash Jwala Devi Higher Secondary School, Shuklaganj and does not lay down a binding principle of interpretation in regard to the admissibility of HRA under the terms of the Government Order dated 15 December 1981 and consequential Government Orders which have been referred to in the earlier part of the present judgment.
Question (b)- The issue as to whether the Government Order dated 10 December 2002 is violative of Articles 14 and 16 will not arise in this reference.
Question (c)- The judgment of the Division Bench in DIOS, Mirzapur vs. Sri Rajwanta Singh (supra) dated 22 November 2007 is affirmed as laying down the correct principle of law. 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."
5. Following the aforesaid Full Bench decision Writ A No. 19106 of 2004 (Uma Shanker Singh and Others Vs. State of U.P. and Others) was decided on 30.03.2016.
6. In view of above, writ petition is allowed. Impugned order dated 03.09.2003 is hereby set aside. Respondent-Competent Authority is directed to pass fresh order with regard to H.R.A payable to petitioners in the light of above law laid down by this Court, by passing speaking order within two months from the date of production of a certified copy of this order and in case, any amount is found due, the same shall be paid to petitioners within two months thereafter."
3. In view of exact similarity of facts, no useful purpose would be served in keeping the present petition pending or calling for counter affidavit at this stage. The order dated 09.11.2022 is set aside. Matter is remitted to the respondent no.2/District Inspector of Schools, Mirzapur, to pass a fresh order in light of the observations made above.
4. With the aforesaid observation, present petition stands disposed of.
Order Date :- 16.12.2022
Abhilash
