Court No. - 4
Case :- WRIT - A No. - 26887 of 2018 Petitioner :- Shanti Devi And 8 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Pushkar Kushwaha Counsel for Respondent :- C.S.C.,Jay Ram Pandey
Hon'ble Ajit Kumar,J.
Heard learned counsels for the parties.
By means of this petition, the petitioner sought relief in the nature of mandamus commanding the respondents to consider the payment of House Rent Allowance in terms of the Government Order dated 29.10.1984 for the purposes of payment of House Rent Allowance. It is provided that those, who are working within eight kilometres of the Municipal limit of the city, shall be entitled to the House Rent Allowance as admissible to such city of that class as admissible to the employees of the residents of the said city.
The petitioner's institution is situate within 8 kms of Municipal limit of Varanasi and, therefore, he claims House Rent Allowance, as admissible within 8 kms of Municipal limit of Varanasi.
The controversy earlier travelled to this Court in Writ-A No. 19106 of 2004 (Uma Shanker Singh and Others v. State of UP and Others), which was decided by the Full Bench of this Court. The Question No.(a) has been answered thus :-
"Question (a)- The Government Order dated 10 December 2002 was in the context of the facts of a particular educational institution, namely, Om Prakash Jwala Devi Higher Secondary School, Shuklaganj and does not lay down a binding principle of interpretation in regard to the admissibility of HRA under the terms of the Government Order dated 15 December 1981 and consequential Government Orders which have been referred to in the earlier part of the present judgment."
Sri Jay Ram Pandey, does not dispute the above legal and factual position.
In view of the above, the controversy is no more res integra and, therefore, I am of the considered opinion that grievance of the petitioner can be positively looked into in the light of the judgement of the Full Bench of this Court in the case of Uma Shanker Singh (supra).
Though the petitioners have already made a representation on 20 March 2018 before the authority concerned, petitioners are directed to make a further comprehensive representation raising their claim for payment of House Rent Allowance in the light of the Government Order dated 15 December 1981 and consequential Government Orders including the last one dated 29.10.1984 within a period of three weeks from today. In the event, representation is filed as directed, the same shall considered and decided by the respondents within a period of three months from the date of production of certified copy of this order.
The writ petition is disposed of with the aforesaid observations and directions.
Order Date :- 19.12.2018 IrfanUddin