SATBIR SINGH Vs. STATE

JUDGEMENT

(1.) The present petition is directed against the respondents for grant of House Rent Allowance at the rate applicable to the Central Government Employees working at Ghaziabad, U.P.

(2.) The petitioners are the regular employees of the Kendriya Vidyalya Sangathan and are presently working in Central School, Hindon, Ghaziabad. On January 29, 1967 vide their letter No. 12(9)/67/1/D (F4), Government of India, Ministry of Defence, New Delhi, issued order conveying the sanction to various facilities, to be provided by the Ministry of Defence to the Central Schools Societies under the Central Schools Scheme of respondent no. 3. Amongst other facilities, the employees of such schools are to be allotted residential accommodation. The petitioners are not enjoying the benefits of Government accommodation, due to the paucity of the Government quarters. The Petitioners have been working in Hindon. The salaries of Central Schools as well as the allowances to their employees are met by respondent no. 2 through respondent no. 1. Respondent no. 3 has the authority and control over the policies and administration of respondent no. 1.

(3.) The present dispute is confined to the award of House Rent Allowance. The petitioners were given House Rent Allowance and compensatory city allowance at the Ghaziabad rates, as applicable to the Central Government employees working in Ghaziabad. Subsequently, in 1979, respondent no. 2 as a special case, gave the two allowances at the Delhi rate to the Central Government employees working at Ghaziabad, but refused to give the same relief to the petitioners in this regard. However, till 1979, in terms of the circular No. F.21-49/70-KVS(SP) dated August 18, 1971, the petitioners as residents of Ghaziabad, were getting the House Rent Allowance and Compensatory City Allowance, at the rate at which the Central Government employees, working at Ghaziabad, were getting. On June 6, 1974, respondent no. 2 implemented the recommendations of the Third Pay Commission. The important aspect of the circular of 1974 was that the Compensatory (City) Allowance was given according to the place of work.