K. VASUDEVAN NAIR, S/O. LATE KRISHNA NAIR Vs. THE MANAGING DIRECTOR, HINDUSTAN AERONAUTICS LIMITED, THE GENERAL MANAGER (P AND A), HINDUSTAN AERONAUTICS LIMITED AND THE DIRECTOR (PERSONNEL), HINDUSTAN AERONAUTICS LIMITED

JUDGEMENT

(1.) THE Petitioner and his wife Smt. A.G. Subhadramma are employed in Hindustan Aeronautics Limited, Bangalore Complex. The Petitioner's wife having made a request, was provided a rent -free quarter, under an allotment order dated 08.08.1985 of the Respondents. She was permitted to change the said quarter as per her request, wherein she was residing with her husband and other family members. The Petitioner constructed a house in a nearby locality and the Petitioner's wife submitted a letter dated 25.11.1991, seeking permission to surrender the rent -free quarter, with the desire to reside in the house constructed by the Petitioner. The request was turned down and the Petitioner's wife filed W.P.14184/1992 to quash certain communications of the Respondents. In the said writ petition, it was found that, the insistence on the part of the Respondents, that the Petitioner's wife should necessarily reside in the company quarter was wholly unwarranted and unauthorised. The writ petition was allowed in part. The Petitioner's wife was directed to handover the keys of rent -free quarter to the Welfare Manager (Township) of the Respondent -company. The question regarding the entitlement of House Rent Allowance payable was left open to be decided by the Respondents, taking into consideration the service conditions, the standing orders and the rules having a bearing on the issue. W.A. 1788/1997 filed by the Respondents was dismissed on 20.06.1997. Civil petition filed by the Respondents was disposed of with a clarification. The staff quarter having been vacated thereafter by the Petitioner's wife on 14.03.2001, was allotted to an eligible employee of the employer, on 30.03.2001. The Petitioner's wife has filed W.P. 17885/2011, claiming House Rent Allowance from 1991.

(2.) RESPONDENTS having not paid the House Rent Allowance to the Petitioner effective from 01.11.1991 to 31.01.2001, representations having been made, the Respondents informed the Petitioner of their inability to accede to the request, on the ground that, the Petitioner is not entitled for the HRA. Seeking quashing of the said decision of the Respondents, as at Annexure -R and to direct them to pay the withheld House Rent Allowance for the period from 01.11.1991 to 31.01.2001, with interest, this writ petition has been filed.

(3.) INDISPUTEDLY , Petitioner's wife was a staff nurse in the Medical and Health Department of the Respondents and at her request, she was provided a rent -free quarter as per an allotment order dated 03.08.1985, which was permitted to be changed as per her request and that, the Petitioner, his wife and other family members resided in the staff quarters. The possession of the quarter, which was allotted to the Petitioner's wife having become vacant on 14.03.2001, was allotted by the Respondents to an eligible employee on 30.03.2001. Even though the Petitioner constructed a house at Malieshpalya Extension, New Thippasandra, Bangalore, the staff quarter, which was allotted to his wife had remained in her possession till 14.03.2001. The Petitioner had submitted representation dated 25.11.1991 with regard to he having constructed a house and shifting from the shared accommodation of Staff Quarter No. FA -110 w.e.f. 01.11.1991 and for payment of house rent allowance. The request having been considered and finding that, the Petitioner had not shifted to the new house at Malleshpalya Extension, his request for payment of house rent allowance from 01.11.1991 was held as not permissible under the Rules. The Respondents on examination, informed the Petitioner as follows: