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2005 DIGILAW 799 (JHR)

Bhola Thakur, Secretary, Non-Gazetted Workers Union, Bokaro Branch v. State Of Jharkhand

2005-10-28

SUDHANSU JYOTI MUKHOPADHAYA

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JUDGMENT S.J. Mukhopadhaya, A.C.J. 1. This writ petition has been preferred by the petitioner Bhola Thakur, Secretary, Jharkhand Non-Gazetted Workers Union, Ranchi, Bokaro Branch, Bokaro Steel City, Bokaro (hereinafter to be referred as the Workers Union) against the order, contained in Memo No. 3 M-2-6-2000-4737/Bihar, Patna dated 8th July, 2000, as circulated vide Memo No. 772, dated 25th August, 2000, whereby and whereunder, the Finance Department of Government of Bihar informed all the departmental heads that the Government employees, who have been allotted quarters of TISCO at Jamshedpur; Bokaro Steel City, Bokaro and H.E.C., Ranchi, will not get the House Rent Allowance in the light of Finance Departments Memo No. 5011, dated 5th May, 1981, as the quarters allotted to them shall be deemed to be Government quarters. 2. The petitioner claims to be the Secretary of the Union of Non-Gazetted Government of Jharkhand Employees, who are posted at Bokaro and occupying quarters of Bokaro Steel Plant in the Bokaro Steel City, Bokaro. According to the petitioner; the impugned order has affected all the State of Jharkhand employees, who are posted at Bokaro and have been provided with the quarters of Bokaro Steel Plant in the Bokaro Steel City, Bokaro. 3. The only question, which requires determination in this case, is "weather the Government of Jharkhand employees, posted at Bokaro, who are occupying quarters of Bokaro Steel Plant in the Bokaro Steel City, Bokaro, are entitled for House Rent Allowance. To determine the issue, it is necessary to notice certain guidelines, issued by the then combined State of Bihar, followed by guidelines, issued by the State of Jharkhand. Initially by Memo No. 8-M 1 6083/80/5014, dated 5th May, 1981, it was decided that House Rent Allowance will be paid only to those Government Servants, who are occupying quarters of Public Undertaking on rent having taken directly from the Management of Public Undertaking of their own. It was further decided that those Government employees occupying quarters of Public Undertaking, allotted by the State Government, shall not be paid House Rent Allowance. It was further decided that those Government employees occupying quarters of Public Undertaking, allotted by the State Government, shall not be paid House Rent Allowance. Another guideline was issued from the Finance Department of the then combined State of Bihar vide Notification No. 3/A-1-3-1/87/7749/.B/2, dated 18th December, 1987, whereby, it was indicated that those Government employees, who have been allotted rental flats of Bihar State Housing Board and/or are taking house on rent, will also get House Rent Allowance as the house/quarters, occupied by them shall not be treated as Government quarters. 4. According to the counsel for the petitioner, in view of Notification No. 7749, dated 18th December, 1987, the State Government never treated the quarters of Bokaro Steel Plant, occupied by the State Government employees, as Government quarters and all the Government employees were provided with House Rent Allowance. Subsequently, the impugned order No. 3 M-2-6-2000-4737/Bihar, Patna dated 8th July, 2000, circulated vide Memo No. 772, dated 25th August, 2000 was issued by the Finance Department of the then combined State of Bihar, whereby, it was informed that the Government employees, who have been allotted quarters of TISCO at Jamshedpur; Bokaro Steel Plant at Bokaro Steel City, Bokaro and H.E.C., Ranchi will not get House Rent Allowance in the light of Memo No. 5011, dated 5th May, 1981 as the quarters, occupied by them, will be deemed to be Government quarters. According to the counsel for the petitioner, the quarters of Bokaro Steel Plant, occupied by the State Government employees, cannot, be deemed to be the Government quarters, as the rent is being charged directly by the authorities of Bokaro Steel Plant from the occupants at a much higher rate than the Government rate. 5. An affidavit has been filed by the Finance Department of the Government of Jharkhand, wherein, while It has been accepted that the State Government Employees are entitled for House Rent Allowance in terms with the Bihar State Employees House Rent Allowance Rules, 1980, it is also accepted that the State Government employees, posted at Bokaro, have been provided with quarters by the authorities of Bokaro Steel Plant (Paragraph No. 7 of the counter affidavit). Thus it is accepted that the State Government has not provided the quarters to its employees, posted at Bokaro rather Bokaro Steel Plant has provided the quarters to the State Government, employees. Thus it is accepted that the State Government has not provided the quarters to its employees, posted at Bokaro rather Bokaro Steel Plant has provided the quarters to the State Government, employees. It has not been disputed that the Bokaro Steel Plant is directly charging rent from the State Government employees, occupying the quarters of Bokaro Steel Plant at Bokaro Steel City, Bokaro, which is much higher than the rent, fixed by the State Government. In the affidavit, the State of Jharkhand has referred to certain letters, copies of which have been enclosed, It is stated that the order dated 8th July, 2000 was challenged by one " Bandovast-sah-Chakbandi Kalyan Sangth" in W.P. (S) No. 775 of 2002, wherein, certain observations were made by this Court. In pursuance of the Courts observations, the-Deputy Commissioner, Bokaro, vide Letter No. 240, dated 4th March, 2002 requested the Managing Director, Bokaro Steel Plant, Bokaro Steel City, Bokaro to charge rent from the Government employees at the rate, the State Government charges from its employees. But from Letter No. 1715, dated 11th March, 2002 it appears that the Management of Bokaro Steel Plant disagreed with such proposal and thereby did not accept the prayer to charge rent at a rate, the State Government charges from its employees: that means the State Government employees, occupying the quarters of Bokaro Steel Plant at Bokaro Steel City, Bokaro, are paying higher rent directly to the Management of the Bokaro Steel Plant and that is the reason, they were earlier paid House Rent Allowance. Though they are still paying rent to the Bokaro Steel Plant directly at a higher rate than the rate, fixed by the State Government, by the impugned order it has been ordered to stop payment of House Rent Allowance to such employees, treating the quarters, occupied by them, as deemed to have been allotted by the State Government. 6. As admittedly the quarters, in question, have not been allotted by the State Government to its employees, as accepted at paragraph No. 7 of the counter affidavit, filed by the Finance Department of the State of Jharkhand and such employees are occupying the quarters of Bokaro Steel Plant by paying rent to the Bokaro Steel Plant directly, according to this Court, the respondents cannot refuse to pay them the House Rent Allowance. The quarters will not be treated to have been allotted by the State of Jharkhand and the employees occupying the quarters of Bokaro Steel Plant by paying higher rent directly to the Management of the Bokaro Steel Plant will be entitled for the House Rent Allowance to which they are otherwise entitled under the Rules. 7. The writ petition stands disposed of with the aforesaid observations and directions. However, they will be not order as to costs.