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Allahabad High Court · body

2013 DIGILAW 2750 (ALL)

C. P. Arvind Shukla v. State of U. P.

2013-11-08

SUDHIR AGARWAL

body2013
JUDGMENT Sudhir Agarwal,J. 1. As agreed and with the consent of learned counsel for the parties, I proceed to decide this matter at this stage under the Rules of the Court. 2. Heard learned counsel for the petitioners and perused the record. 3. It is contended that house rent allowance was made admissible to all Government servants after implementation of 5th Pay Commission's Report w.e.f. 01.01.1996 and house rent allowance was accordingly revised vide Government Order dated 11.06.1999, which was payable w.e.f. 01.01.1996 to such employees who were not allotted official accommodation though entitled for that and were residing either in rented or in their own accommodation. In para 7 of the Government Order dated 01.01.1996, the persons who were entitled for house rent allowance have been mentioned as under: ^^lacaf/kr edku fdjk;k HkRrk ,sls leLr iw.kZ dkfyd ljdkjh deZpkfj;ksa dks vuqeU; gksxk ftUgsa leLr ljdkjh vkokl miyC/k ugha djk;k x;k gSA ;g HkRrk nksuksa izdkj ds ljdkjh deZpkfj;ksa dks vuqeU; gksxk tks fdjk;s ds edku esa jgrs gSa vFkok vius futh vkokl esa fuokl djrs gSaA** 4. Subsequently, after implementation of 6th Pay Commission's Report w.e.f. 01.01.2006 the rate of house rent allowance has been revised vide Government Order dated 08.12.2008. The police department has also admitted applicability of house rent allowance to police officials, if they were entitled for accommodation but have not been provided so and were residing in their own or rented accommodation, as the case may be. The grievance of petitioners is that they were not allotted any official accommodation and yet have not been paid any house rent allowance though they were so entitled. 5. In my view, what the petitioners have said, if correct, they are entitled for house rent allowance but this matter also require investigation into facts and, therefore, I permit the petitioners to make a fresh representation in this regard, which should be examined by competent authority in accordance with law and if it is found that petitioners were entitled for house rent allowance but have not been paid, the competent authority shall pass reasoned order and the same shall be paid to petitioners within a period of one month thereafter. 6. With the aforesaid direction/observation, this writ petition is disposed of.