1. Heard Mr.Vilas G. Goswamy learned advocate for the petitioner.
2. The petitioner was working as Pharmacist at Government Dispensary Kubernagar, Ahmedabad where from he was transferred under the administrative control of the Chief District Health Officer, Gandhinagar, who in turn gave detailed posting at Government Dispensary, At: PRANTIYA, District: Gandhinagar. The petitioner was getting House Rent Allowance @ 15%, when he was working at Ahmedabad but on his transfer to PRANTIYA (District: Gandhinagar), his HRA was reduced from 15% to 5%. The petitioner is aggrieved by this and has filed this petition.
3. It is the case of the petitioner that he ought to have been paid 15% of house rent allowance and not 5%. He has claimed CLA also on that basis. The basis of this claim is that those who are posted in Gandhinagar City are paid 15% HRA. It is not in dispute that Prantiya is a place, which is not part of Gandhinagar City. That place is not classified as such place where 15% house rent allowance was payable. Under these circumstances petitioner was not entitled for 15% of house rent allowance and his claim is ill founded.
4. Learned counsel for the petitioner further contented that the petitioner was given additional charge of Primary Health Center Palaj, which is treated to be part of Gandhinagar City and therefore also he ought to have been paid HRA @ 15%. In this regard, it needs to be recorded that an employee can claim House Rent Allowances on the basis of the place of his regular posting and not on the basis of the place where is given additional charge. Therefore even this contention can not be accepted.
5. For the above reasons, the petition does not have any force, the same is dismissed. Rule is discharged.
dharmendra/78 (PARESH UPADHYAY, J.)