ALOK AWASTHI Vs. UNION OF INDIA

JUDGEMENT

(1.) This order is in continuation of the order dated 08.03.2016, on which date we had examined the background in which the impugned order dated 30.01.2015 was issued by the respondent No.3. In the course of arguments, counsel for the petitioners had stated that the petitioners are aggrieved by the manner in which the respondents have sought to foist upon them only one option, i.e. for claiming HRA, while depriving them of the other options as available and duly mentioned in para 4 of the impugned order and reproduced in para 5 of our order dated 08.03.2016, which was to the effect that they are entitled to regular government accommodation or hired accommodation or accommodation on HRR. In view of the said submission, counsel for the respondents had sought time to file an additional affidavit to justify their stand that though the impugned order does mention four options only one option could have been practically granted to the petitioners, which is of accommodation on HRA.

(2.) Pursuant to the aforesaid order, an additional affidavit was filed by the respondents on 30.03.2016 and a reply thereto was filed by the petitioners on 10.05.2016. In the additional affidavit filed by the respondents, it has been clarified that the rental ceiling of accommodation hired by the DEO is Rs.11,000/-p.m., which was revised in the year 2009 and no accommodation is available for hiring on the existing ceiling rates. It has also been stated that the lease of all the houses hired earlier by the DEO had expired in the year 2012 and at present, there is no MEO hired accommodation held with the Station Headquarters for allotment.

(3.) Coming to the aspect of accommodation on HRR basis, it has been stated in the affidavit that the accommodation to be hired on HRR basis is to be sponsored by the officer himself at the same rental ceiling of Rs.11,000/- per month and in consonance thereto, all the petitioners were requested to submit addresses of the houses proposed to be hired by them but only one officer had submitted a reply stating inter alia that he had not been able to find a suitable accommodation within the rental ceiling rates. The affidavit concluded by stating that since no other option is available with the respondents, the only remedy available if is of payment of HRA, for which NAC shall be given by the Station Headquarters, Delhi Cantt.