UNION OF INDIA Vs. ASHES KIRAN PRASAD

JUDGEMENT

(1.) The Railways has in this petition challenged an order dated 11th October, 2017 passed by the Central Administrative Tribunal, Principal Bench, Delhi ("CAT") disposing OA No.4241/2013 filed by the Respondent herein, holding that the Respondent was entitled to House Rent Allowance ("HRA") at the rate applicable at the previous place of his posting i.e. Patna, for the period from 27th October, 2007 to 31st December, 2016, during which he was posted in the North Western Railway (NW Railway), Jaipur. By the impugned order, the CAT directed the Railways to work out the HRA amount at the rate applicable in Patna based on the salary drawn by the Respondent while being posted in Jaipur.

(2.) The background facts are that the Respondent is a member of the Indian Railway Traffic Service ("IRTS"). He commenced his service on 29th August, 1983 with the East-Central Railway ("EC Railway"), Hajipur. On being promoted to the Senior Administrative Grade ("SAG"), he was shifted from the EC Railway to the North-East Frontier Railway ("NF Railway"), Guwahati. He remained posted in Guwahati from 30th October, 2003 to 26th October, 2007. From there, he was transferred to the NW Railway, Jaipur with effect from 27th October, 2007.

(3.) While the Respondent was posted at Hajipur, Bihar he was drawing HRA of Rs.2015/- calculated at the rate of 15% of his basic pay in the scale of Junior Administrative Grade (JAG). The Respondent first approached the CAT, Patna Bench seeking HRA at the rate that was applicable to Patna, instead of the rate at Hajipur, where he was posted. The CAT by an order dated 1st December, 2004 upheld the Respondent's claim. The writ petition filed by the Railways challenging the aforesaid order of the CAT came to be dismissed by the Patna High Court. Thereafter, the SLP filed by the Railways came to be rejected by the Supreme Court as well.