K.K.VERMA Vs. UNIVERSITY OF DELHI

JUDGEMENT

(1.) There is a very limited issue in this writ petition. The issue is that can an employee get benefits of House Rent Allowances (HRA) while continuing to occupy the accommodation provided by the employer/college.

(2.) Petitioners are employees of the respondent no.3/Hindu College under the University of Delhi. Petitioners were allotted accommodations by the respondent no.3-college. Petitioners occupied the accommodations and also had received HRA. It is this illegally paid HRA which is sought to be recovered by the respondent no.3-college which is being challenged and also the refusal to grant HRA for the period of occupation of the accommodations by the petitioners.

(3.) The law in this regard is now well settled by the recent judgment of the Supreme Court in the case of Chandi Prasad Uniyal & Ors. Vs. State of Uttarakhand & Ors., 2012 8 SCC 417. Para 14 of this judgment is relevant and the same reads as under:-