Supplementary affidavit filed today in Court is taken on record.
With the consent of parties' counsel, the writ petition is being decided at the admission stage.
Heard learned counsel for the petitioner as well as learned Standing Counsel and perused the record.
The writ petition has been filed challenging the impugned order dated 24.10.2011 by which the opposite party no. 2 has directed for recovery of Rs.22,620/- from the salary of the petitioner in installments.
Learned counsel for petitioner submits that the petitioner as well as her husband, namely, Sri Dinesh Chandra Sonkar are posted in Irrigation Department at district Raebareli. Due to personal difficulties, petitioner and her husband are living separately in different houses and as such both of them are entitled to get house rent allowance as per Government Order dated 28.2.1984, particularly Para 11 and 15, which says that husband and wife in case of being government servants are entitled to get house rent allowance, provided they are not living in the same rented house and in case a government servant possess its own house or a house which belongs to his wife or children or his father or mother, then also he is entitled to get house rent allowance.
It is further submitted that the petitioner was issued show cause notices on 06.09.2011 and 15.09.2011 in this regard. The petitioner had submitted her reply to the said show cause notices by letter dated 19.09.2011, copy of which is Annexure No. 4 to the writ petition, specifically, mentioning therein that she is not living with her husband and she is living separately with her parents to look after them. The reply of the petitioner has not been considered in the right perspective and by non-speaking order dated 26.09.2011, the same has been rejected.
Learned standing counsel on the other hand submitted that in case husband and wife both are government servants and posted in the same district, only one of them is entitled to get the house rent allowance.
I have considered the submissions made by the parties' counsel.
The Government order dated 28.2.1984 which has been relied in the impugned order indicates that husband and wife both are entitled to get house rent allowance, provided they are not living in one rental accommodation meaning thereby that in case both are living separately in different accommodations, both are entitled to get house rent allowance.
The opposite party no. 2 while considering the reply of the petitioner dated 19.9.2011, which was submitted in pursuance to the show cause notice issued, has not disclosed the reasons for not agreeing with the reply submitted by the petitioner. The order dated 26.9.2011 is a non-speaking order and it does not give any reasons. It appears that no inquiry was made by the opposite party no. 2 for ascertaining the relevant fact as to whether the petitioner and her husband are living together or separately.
I am of the considered opinion that until and unless it is confirmed that the petitioner is living along with her husband in one accommodation, it can not be said that she is not entitled for house rent allowance and any recovery can be made in this regard.
In this view of the matter, the writ petition is finally disposed of with the direction that opposite party no. 2 shall hold an enquiry, giving opportunity to the petitioner, in order to find out as to whether she is living with her husband in one accommodation or not and only in case it comes to light that she is living together with her husband in the same accommodation, the recovery shall be made from the petitioner.
The opposite party shall hold enquiry in this regard within two months and pass a fresh order, in accordance with law, from the date of receipt of a certified copy of this order.
Till then, further recovery on the basis of impugned order from the petitioner should be kept in abeyance.
With the aforesaid observation/direction, the writ petition is disposed of.
Order Date :- 3.4.2012 Rabindra