K S USHAKUMARI Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioners are aggrieved by the recovery of house rent allowance paid to them based on Exhibit P3 order. THE 1st petitioner was the Headmistress and petitioners 2 to 14 are the Teachers and the 15th petitioner was a Peon of the V.V.U.P.S., Kothaparambu, which is within one Kilometer from Kodungallur Municipality.

(2.) EXHIBIT P1 circular provides for rate of house rent allowance. It was specified in clause (2) that "employees working in offices, situated within 5 kilometers from B2 cities and one kilometer from "C" Class cities will be paid HRA at the rate admissible in the respective categories subject to observation of following procedure as at present". The school in question is within one Kilometer from Kodungallur Municipality. The same is certified by the Executive Engineer, PWD Building Division, Thrissur. Accordingly, claims were submitted and the bills were sanctioned also.

(3.) EVIDENTLY, the Municipality, namely, Kodungallur Municipality is not a "C" Class City and hence the payment of house rent allowance to the petitioners are irregular.