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Jharkhand High Court · body

2009 DIGILAW 906 (JHR)

Kartik Charan Jha v. State of Jharkhand

2009-07-01

D.N.PATEL

body2009
JUDGMENT: 1. This petition has been preferred mainly for getting pay slip in favour of the petitioner after inclusion of House Rent Allowance. The petitioner is Joint Commissioner (Administration), in Jamshedpur Division, Jamshedpur of Commercial Tax Department. 2. I have heard counsel for the petitioner, who has submitted that as per the House Rent Allowance Rules, 1980 (hereinafter referred to as the Rules, 1980, for the sake of brevity) issued under 162 of the Constitution of India whereby, the petitioner if not residing in the house of State Government or Central Government or any undertakings thereof or house of Municipality, Port Trust, Nationalized Bank, Life Insurance Corporation of India or in the house of Semi-Government Organization, then the petitioner is entitled for the House Rent Allowance. It is submitted by the counsel for the petitioner that the petitioner is occupying the house on rent of a private owner which is a Limited Company which is nothing to do with the Government. The said company is known as Tata Steel Company. It is also submitted by the counsel for the petitioner that he is ready and willing to file any undertaking provided under Rule-9 of the Rules, 1980 that petitioner is not occupying any Government house, but, the petitioner is occupying a house owned by a company limited and therefore, he is entitled for House Rent Allowance and therefore, respondent no. 3 may be directed that pay slip may be issued in favour of the petitioner after inclusion of the House Rent Allowance. 3. I have heard counsel for the respondent nos. 3 and 4, who has submitted that as per Annexure-A of the counter affidavit respondent nos. 3 & 4 has written a letter seeking an order of the State Government of Jharkhand whether the petitioner should be paid House Rent Allowance or not? In fact, no claim of the petitioner has been discarded by respondent nos. 3 and 4. 4. I have heard counsel for the respondent nos. 1 and 2, who has submitted that they have received a letter from respondent nos. 3 and 4, but, they have not yet replied to respondent nos. 3 and 4, but, the fact remains that the petitioner is not occupying the rent of the State Government and any undertaking of the State Government or Municipality. 5. 1 and 2, who has submitted that they have received a letter from respondent nos. 3 and 4, but, they have not yet replied to respondent nos. 3 and 4, but, the fact remains that the petitioner is not occupying the rent of the State Government and any undertaking of the State Government or Municipality. 5. In view of these submissions and looking to the facts and circumstances of the case, it appears that the present petitioner is occupying the house owned by Tata Steel Company which is not a Government undertaking, looking to the Annexure-A of the counter affidavit filed by the Assistant Accounts Officer of the office of the Accountant General (A & E), Jharkhand, Ranchi. It appears that the present petitioner, if not occupying a house of the State Government or Central Government or any undertaking thereof or house of Semi-Government undertaking or a house belonging to Municipality or Port Trust or Nationalized Bank or Life Insurance Corporation of India, then the petitioner is entitled for House Rent Allowance. Looking to the Rules, 1980, if the petitioner is occupying a rent free house from the Government then he is not entitled for House Rent Allowance. Looking to the facts of the present case, the petitioner is paying rent to the aforesaid company and therefore, the petitioner is not covered by Clause-1, 2 and 3 or Annexure-A to the counter affidavit filed by Accountant General Office and also looking to the fact that the petitioner is ready and wiling to file undertaking as per Rule-9 of the House Rent Allowance Rules, 1980, I hereby direct the respondent nos. 3 and 4 to issue pay slip for the period running from 9th May, 2008 inclusive of House Rent Allowance within a period of four weeks from the date of receipt of a copy of this order and the petitioner shall file necessary undertaking as per Rule-9 of the Rules, 1980. 6. Petition is allowed to the aforesaid extent with no order as to costs.