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2022 DIGILAW 274 (MEG)

Jolsing Rani v. State of Meghalaya

2022-10-14

H.S.THANGKHIEW

body2022
JUDGMENT 1. The main issue in the instant writ petition is only with regard to the claim of entitlement of 15% House Rent Allowance (HRA) as per the Office Memorandum dated 01.12.2017, which is allowed to employees serving in the Greater Shillong Area. The petitioner has alleged that inspite of being presently posted and working in the Upper Shillong Area i.e., the Office of the BDO, Mylliem C&RD Block situated at 6th Mile, Upper Shillong, which falls under the Greater Shillong Area, he has not been given the benefit of 15% HRA. 2. Ms. T. Sutnga, learned counsel for the petitioner submits that as per the Office Memorandum dated 01.12.2017, on recommendation of the Fifth Meghalaya Pay Commission, the rate of House Rent Allowance (HRA) was fixed at 15% for Greater Shillong Area, 121/2% for District Headquarters and 10% for other areas. She submits that in the said Office Memorandum itself, it has been provided in the note appended to the table that rates for Shillong would be applicable for Shillong and Urban Agglomeration as per the areas notified by the State Urban Affairs Department. She contends that the petitioner by virtue of his office being situated within the Shillong Urban Agglomeration Area i.e., Greater Shillong which consists of Shillong Municipality, Cantonment Areas and 10 other census towns including Mylliem C&RD Block, he is eligible to draw HRA at 15% of his basic pay. 3. Learned counsel submits that though the office, where the petitioner is posted falls under Mylliem Circle, Mylliem C&RD Block, his place of work is situated at 6th Mile, Upper Shillong, which will entitle him to 15% HRA, but however, the respondents have clarified that as per the appointment order, the posting is at Mylliem, which does not fall under the Greater Shillong Area. It is further submitted that, the address, location and area of the Horticulture Office, Mylliem Circle, as per an RTI query has been shown to be located at 6th Mile, Upper Shillong, East Khasi Hills, Meghalaya, and that employees and other similarly placed officers working in this location, are drawing HRA at 15%. The learned counsel therefore submits that the writ petitioner has been deprived of his legitimate benefit as granted by the Office Memorandum, and as such, the respondents are liable to allow the petitioner to draw his HRA at 15% of his basic pay. 4. Mr. The learned counsel therefore submits that the writ petitioner has been deprived of his legitimate benefit as granted by the Office Memorandum, and as such, the respondents are liable to allow the petitioner to draw his HRA at 15% of his basic pay. 4. Mr. B. Bhattacharjee, learned AAG assisted by Ms. R. Colney, learned GA for the respondents, submits that the petitioner cannot claim the benefit of 15% HRA, as the office of the Horticulture Development Officer, Mylliem does not fall within the classification of towns under the Greater Shillong Area or Shillong Urban Agglomeration Area under which the petitioner has been appointed. It is submitted that, the office of the Mylliem Circle, has been operating from the Experimental and Research Station Potato Farm, 6th Mile, Upper Shillong, for the past few years, due to the lack of office space and by a temporary internal arrangement made by the department, in simply accommodating them in a room in the said office, which is under the same department. 5. Reference has been made by the learned AAG to the order dated 22.04.2021 issued by the District Magistrate, specifying the areas under the Shillong Urban Agglomeration Area, to show that the office of the Horticulture Development Officer, Mylliem, wherein the writ petitioners are posted does not fall under the said classification. He further submits that, the writ petitioner has misconstrued the applicability of the Office Memorandum, inasmuch as, the fact that the said office does not fall within the Shillong Urban Agglomeration map, as certified by the Urban Affairs Department has also been clarified by the Under Secretary, General Administration Department(B) vide letter dated 08.12.2021. It is lastly submitted that, in view of the clarifications and the fact that, the posting of the writ petitioner is in the Mylliem Circle, the petitioner is not entitled to 15% HRA rate. 6. I have heard learned counsels for the parties. The only short point in contention in the present case, as can be discerned and understood from the submissions and materials placed on record, is whether the writ petitioner, though appointed in the office of the Horticulture Development Officer, Mylliem Circle, which is admittedly beyond the Shillong Urban Agglomeration Area, but functioning from 6th Mile, Upper Shillong, which is within Greater Shillong Area, will be eligible for 15% HRA benefit. 7. 7. The Office Memorandum dated 01.12.2017, classifies the cities/towns and other areas, where HRA is admissible with the rates prescribed. As submitted by the counsel for the petitioner, the note appended to the said classification, has provided that the rates prescribed for Shillong will be applicable for Shillong and Urban Agglomeration Areas. 6th Mile, Upper Shillong. It is also relevant to note that, vide notification dated 14.03.1990, at Serial No. 16, 6th Mile, Upper Shillong, has been included under the Shillong Master Plan Area. It has been categorically admitted on affidavit by the State respondents that, the writ petitioner though appointed in the Mylliem Circle, has been operating from an office in 6th Mile, Upper Shillong, for the past so many years due to an internal arrangement within the department and also lack of space where the office should have been situated. It is also noted that, apart from the place of work of the petitioner, other offices of the Agricultural Department, are situated in 6th Mile, Upper Shillong itself, and the other similarly placed employees are drawing 15% HRA. 8. In this context, it is noteworthy to refer to the report of the Fifth Meghalaya Pay Commission, the basis on which the Office Memorandum dated 01.12.2017 had been issued. In the said recommendation at point 10.5.2, the Commission has recommended the grant of House Rent Allowance (HRA) based on a percentage of pay, with reference to the Station of Work, of a State Government employee. In common parlance, and understanding, Station of Work will normally mean the place where the employee is stationed and is operating. In the instant case, though the appointment of the petitioner is for the Mylliem Circle, his place or Station of Work, which is undisputed, is 6th Mile, Upper Shillong, which falls under the definition of Shillong Urban Agglomeration Area. Therefore, there can be no doubt that, as to the entitlement of the writ petitioner based on his place of Station of Work. 9. For the foregoing reasons, this writ petition stands allowed by holding that the petitioner is entitled to 15% HRA, at par with the other employees and similarly situated officials of the Agriculture Department, who are operating from other offices of the department situated at 6th Mile, Upper Shillong. 10. As ordered above, writ petition stands closed and disposed of.