JUDGMENT M. Katju, A.C.J. and Umeshwar Pandey, J.
1. This Special Appeal has been filed against the impugned judgment of learned Single Judge dated 30.7.2004.
2. We have heard the learned Counsel for the parties and have perused the impugned order.
3. The question in this case is that if both husband and wife arc in service whether they both arc entitled to get house rent allowances? We arc of the firm opinion that they are not. The reason for our opinion is that house rent allowance is given for compensation for the house rent which an employee has to pay to his landlord.
4. Ordinarily a husband and wife are presumed to live together in the same house, and if they arc paying say Rs. 1,000/- to the landlord then obviously both husband as well as wife cannot get house rent allowances of Rs. 1,000/- each because they will then be getting Rs. 2,000/- as house rent allowance. Hence we arc of the opinion that if both the husband and wife are in service then both arc not entitled to house rent allowance unless it is clearly established that they are divorced or otherwise separated. Only one of them can claim for house rent allowance. If they arc getting different amounts of house rent allowance then the spouse who is getting higher house rent allowance will continue to get the house rent allowance but the other will not get it.
5. With these observations, the appeal is allowed and the impugned order is set aside.