JUDGMENT 1. We have heard learned counsel appearing for the parties. 2. This Special appeal arises out of the judgment and order of learned Single Judge dated 22.3.2012, by which the writ petition, challenging the recovery of the 'House Rent Allowance' paid to the appellant, while serving as Manager-ll, in Devasthan Department, received by her from the year 1979, till the date of her retirement, was dismissed. 3. Learned Single Judge found that the appellant was occupying a Government accommodation, and that she was fully aware that the house rent allowance was not admissible to her, and thus, she had not claimed the house rent allowance upto the year 1979. 4. It is not denied that the appellant was occupying a Government accommodation, and thus in view of Rule 3(1)(a), she was not entitled to the house rent allowance. Under the Rules of the Government of Rajasthan dated 3.10.1989, a Government servant is not entitled to receive house rent allowance, if he/she is living in a Government accommodation, even if, it is taken by him/her on rent from the estate department. 5. It is submitted by learned counsel for the appellant that the accommodation was not allotted to her by the department prior to her employment. The Government accommodation consisting of 7 rooms on the first floor, and two rooms on the second floor, and one sanitaries in front of the Government building, were allotted to her, by order passed by the Executive Engineer (PWD) B&B, City Division, Jaipur on 25.08.1964, in pursuance to the application dated 18.07.1964 before she had joined the service. She is a tenant of the Government accommodation, much prior to the date, when she joined the service, and thus, there was no justification for denying the house rent allowance. 6. It is relevant here to consider the effect of Rule 3(1)(a) of the House Rent Allowance & Compensation, Rules, 2008, which reads as follows: "The house rent allowance shall not be admissible to a Government servant: (1)(a) Who is occupying Government owned or leased or requisitioned accommodation or accommodation on subsidised rates in Government building i.e. Circuit house, Dak-bungalows, Hostels owned by Government etc. (b) who is occupying accommodation belonging to Devasthan Department or any other Government Department. (c) Who is occupying accommodation belonging to U.I.T./Municipality, Local Fund Bodies or any other Autonomous body. (b) who is occupying accommodation belonging to Devasthan Department or any other Government Department. (c) Who is occupying accommodation belonging to U.I.T./Municipality, Local Fund Bodies or any other Autonomous body. (2) Who accepts allotment of Government accommodation, from the date of occupation or from eighth day after the date of allotment of Government accommodation whichever is earlier. (3) (a) Who shares Government accommodation, allotted rent free to another Govt, servant or who resides in accommodation allotted to his wife/her husband or to his/her parents/son/daughter by the Government or autonomous public undertaking or bodies or corporation or semi-Government Organisations such as municipalities etc. (b) If his wife/her husband has been allotted family accommodation at the same station by the Central Government, State Government or Autonomous public undertakings or body or corporation or semi-Govt. Organisation such as Municipalities etc." 7. A glance of Rule 3(1)(a) of the House Rent Allowance & Compensation Rules, 2008, would reveal that the house rent allowance was not admissible if a Government servant is occupying Government accommodation owned or leased or requisitioned accommodation, which has been allotted to any Government/public servant by his/her Department, or otherwise. 8. It is quite clear under the Rules of 2008 that if a Government servant is occupying any Government accommodation owned or leased or requisitioned accommodation or accommodation on subsidised rates in Government building i.e. Circuit House, Dak bungalows, Hostels owned by Government etc., or any other category of accommodation under Rule 3 (1)(b) and (c), he/she will not be entitled to House Rent Allowance. 9. It appears that the tenancy of the Government accommodation allotted to the petitioner was terminated in the year 1972. She raised a dispute, on which, her allotment was restored in the year 1997. The house rent of the Government accommodation occupied by her since 1964, was also revised in the year 1997, which led the petitioner to demand the HRA from her department. 10. The department started the enquiries after a demand of house rent allowance was made by the appellant, and found that the applicant had been residing in the Government accommodation since the year 1964, which dis-entitled her for grant of HRA, and thus, the amount paid by way of arrears since 1997, was sought to be recovered from her. 11. In the case of Chandi Prasad Uniyal & Ors. 11. In the case of Chandi Prasad Uniyal & Ors. v. State of Uttarakhand & Ors., AIR 2012 SC 2951 , the Supreme Court held that a Government servant is not entitled to retain the amount paid/received without authority of law, even if such amount was paid by way of mistake or error, for which nothing may be attributed to the Government servant. Hon'ble Supreme Court held that even if the excess payment made to the Government servant, is not on account of misrepresentation or fraud, it will be recoverable from him, on the principle of unjust enrichment. 12. For the reasons aforesaid, we do not find any good ground to interfere with the order under appeal. 13. The Special appeal is dismissed. 14. No costs.Special Appeal Dismissed. *******