Judgment Ravi R. Tripathi, J.—The present LPA is filed being aggrieved by judgment and order dated 24.03.2003 passed by the learned Single Judge in SCA No. 6923 of 2002, whereby the learned Single Judge was pleased to dismiss the petition observing as under:— “6. In view of the above discussion present petition is dismissed in view of the fact that the matter is covered by the decision of this court in the matter of N.R. Parikh (Supra). Notice is discharged. There shall be no order as to costs. Ad interim relief vacated.” 2. Learned Senior Advocate Mr. Kavina appearing with learned Advocate Mr. Muchhala for the appellant soriginal petitioners submitted that a request was made to the learned Single Judge to continue the interim relief and that was continued up to 16.04.2003, which was then continued by the Division Bench of this Court and it is operating till today. 2.1 Learned Senior Advocate for the appellants invited attention of the Court to an order passed in Civil Application (for direction) No. 954 of 2013, which was filed for restoration of the LPA. Para-5 of order dated 06.02.2013 passed in that CA reads as under:— “5. RULE—Mr. Devnani, learned AGP waives service of rule on behalf of Respondent No. 1 and Mr. Champaneri, learned Assistant Solicitor General for the Central Government waives service of rule on behalf of Respondent No. 2. For the contents of the application, the same is allowed. Interim relief granted by this Court by order dated 09.12.2005 to continue till final disposal of the Letters Patent Appeal.” 3. The question involved in these matters is that the appellants-original petitioners were serving in Shantilal Shah Engineering College which was initially started within the campus of Bhavnagar University, which is within the Municipal Corporation limits of the city of Bhavnagar. Later on, for the reasons beyond the control of the appellants-original petitioners, the authorities decided to shift this college to a place known as ‘Sidsar’, which, incidentally happens to be situated outside the Municipal Corporation limits of city of Bhavnagar. Earlier, HRA was governed by GR dated 15.12.1975, wherein the provision was that even if an employee resides at a place situated within 8 kms. From the outer periphery of Municipal limits, the employee will be entitled to HRA which is paid to the employees who are residing within the Municipal limits of the city. 4. Learned AGP Mr. Earlier, HRA was governed by GR dated 15.12.1975, wherein the provision was that even if an employee resides at a place situated within 8 kms. From the outer periphery of Municipal limits, the employee will be entitled to HRA which is paid to the employees who are residing within the Municipal limits of the city. 4. Learned AGP Mr. Rindani invited attention of the Court to GR dated 25.02.2000, which in fact is under challenge in these matters, by which the aforesaid provision about payment at par with the employees residing within the Municipal Corporation limits of the city is given a go-bye. It is by virtue of GR dated 25.02.2000, the appellants-petitioners were to get the reduced HRA and that is why, the appellants-petitioners approached this Court by filing petitions and challenged legality and validity of that GR. Learned AGP vehemently submitted that this GR dated 25.02.2000 is applicable to the appellants-petitioners. 4.1 Learned Single Judge while considering legality and validity of GR dated 25.02.2000 observed that legality and validity of this GR was challenged earlier in petition filed by one Shri N.R. Parikh vs. State of Gujarat. Decision rendered in this case is reported in 2002 (2) GLH 657. Relying on that devision, the learned Single Judge refused to take a different view than the view taken by coordinate Bench. 5. Learned Senior Advocate for the appellants emphatically submitted that GR dated 25.02.2000 is not valid inasmuch as, it does not lay down a just policy. He submitted that in fact, in view of this GR that there has to be congestion in the cities because in may cases, though accommodation is available outside Municipal limits of the city, an employee is compelled to reside within the Municipal limits to avail higher HRA. The resultant effect is an unnecessary insistence on the part of the Government employee to reside within the Municipal limits to get benefit of higher rate of HRA which is payable to the employees residing within the Municipal limits of the city. 5.1 Learned Senior Advocate for the appellants-petitioners submitted that in the case on hand, without deciding the question of legality and validity of GR dated 25.02.2000, the relief can be granted to the appellants-petitioners in light of the peculiar facts of the case. 5.1 Learned Senior Advocate for the appellants-petitioners submitted that in the case on hand, without deciding the question of legality and validity of GR dated 25.02.2000, the relief can be granted to the appellants-petitioners in light of the peculiar facts of the case. He submitted that initially when this Shantilal Shah Engineering College was started, it was started within the campus of Bhavnagar University, which is situated within the Municipal limits of the city of Bhavnagar and the appellants-petitioners were getting HRA at a higher rate, that is the one at which the employees residing within the Municipal limits of the city. But at a subsequent stage, without there being any option to the petitioner, the college is shifted outside the Municipal limits of the city of Bhavnagar. 5.2 Learned Senior Advocate for the appellants submitted that there are two distinguishable features in the case on hand. These features are, (1) Sidsar is a place which does not have independent residential locality and therefore, even if employees wish to stay at Sidsar, it is not possible to find accommodation there and (2) Shantilal Shah Engineering College which is now shifted to Sidrar in a new campus, does not provide any residential accommodation to the employees. That being so, the employees-appellants-petitioners and other similarly situated persons are under compulsion to reside within the Municipal limits of the city of Bhavnagar. 5.3 Learned Senior Advocate for the appellants-petitioners invited attention of the Court to another glaring fact and that is, when a transfer was made from Government Engineering College to the present institute, i.e. Shantilal Shah Engineering College, the transferred employee was not given any ‘Transfer Allowance’ on the ground that it is a local transfer. Learned Senior Advocate for the appellants-petitioners submitted that this is nothing but blowing hot and cold in the same breath. 5.4 Learned Senior Advocate for the appellants-petitioners submitted that as was required by this Court on the last hearing, a certified map from Bhavnagar Area Development Authority is produced for perusal. As per that map, ‘the shortest straight line distance’ between outer periphery of Municipal limits of city of Bhavnagar and the place where the institute (Shantilal Shah Engineering College) is situated is only 2 kms. and the shortest distance by road is only 4 kms. As per that map, ‘the shortest straight line distance’ between outer periphery of Municipal limits of city of Bhavnagar and the place where the institute (Shantilal Shah Engineering College) is situated is only 2 kms. and the shortest distance by road is only 4 kms. 5.5 Learned Senior Advocate for the appellants petitioners submitted that taking into consideration the aforesaid facts, it is his earnest prayer that GR dated 25.02.2000 should be declared to be unjust, illegal and inoperative. In the alternative, he submitted that atleast, the present appellants-petitioners should be held entitled to receive HRA at par with the employees who are residing within the Municipal limits of the city of Bhavnagar. 6. Taking into consideration the wider repercussions of quashing of GR dated 25.02.2000, this Court restrains itself from pronouncing on the legality and validity of GR dated 25.02.2000. However, it is held that the said GR will not be applicable to the case of the appellants-petitioners for the reasons that, (1) the appellants-petitioners have not shifted their place of work of their own choice, (2) the institute (Shantilal Shah Engineering College) was initially started in the campus of Bhavnagar University which is situated within the Municipal limits of the city of Bhavnagar, (3) at Sidsar, where the college (Shantilal Shah Engineering College) is shifted, there is no residential locality and the college does not provide for residential accommodation to its employees and (4) the authorities themselves are treating transfer from Government Engineering College to Shantilal Shah Engineering College as a local transfer. 6.1 This Court is of the opinion that GR dated 25.02.2000 cannot be made applicable to the present appellants-petitioners and they should continue to get HRA at the rate at par with the employees who are residing in the Municipal limits of the city of Bhavnagar. 7. In the result, the LPA and the SCAs are allowed. Rule is made absolute. No order as to costs.