STATE OF KERALA Vs. A. AUGUSTINE

JUDGEMENT

(1.) This appeal is directed against the judgment dtd. 12/7/2021 in W.P.(C) No.21677 of 2012. The appellant is the State. Parties and documents are referred to in this judgment for convenience, as they appear in the writ petition.

(2.) The petitioner was a teacher in the Kerala Agricultural University (the University). He was working in the Headquarters of the University situated at Vellanikkara within the limits of Madakkathara Panchayat in Thrissur District. Madakkathara Panchayat is a Panchayat adjoining Thrissur Corporation which is classified by the Central Government as a 'B2' city. The matter relates to the claim made by the petitioner for House Rent Allowance (HRA) and City Compensatory Allowance (CCA) as applicable to the employees working in the offices situated within the limits of Thrissur Corporation.

(3.) HRA and CCA which are part of the salary of employees of the University are being disbursed in accordance with the orders issued by the State Government from time to time based on the recommendations of the Pay Revision Commissions. The teachers working in the Headquarters of the University were being disbursed HRA and CCA as applicable to State Government employees working in offices within Thrissur Corporation till the implementation of the recommendations of the 8th Pay Revision Commission, as the Pay Revision Orders issued earlier contained a specific provision to the effect that employees working in offices situated within five kilometers from B2 cities are also entitled to HRA at the rate admissible to the employees situated in offices within the limits of such cities. However, in Ext.P5 order issued by the State Government based on the recommendations of the 8th Pay Revision Commission, it is stated that the rates of HRA provided for therein will apply only to employees working in offices situated within the City/Municipal limits. In other words, the provision made in the earlier Pay Revision Orders to the effect that the employees working in the offices situated within five kilometers from B2 cities are entitled to HRA at the rate admissible to the employees working in offices situated in such cities, has been given a go-bye. Ext.P6 is the order issued by the University to give effect to Ext.P5 order. As a result of Exts.P5 and P6 orders, the petitioner and similarly placed officers of the University are able to draw HRA only as provided for in Ext.P5 order as applicable to towns not in B Class city/C Class city or town. Subsequently, the Government issued another order revising the pay of the State Government employees including the employees of the University based on the recommendations of the 9th Pay Revision Commission. Ext.P13 is the order issued by the State Government in this regard on 26/2/2011. In Ext.P13 also, the provision made for payment of HRA was identical to the provision made in Ext.P5 order.