N R PARIKH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Reduction in the rate of House Rent Allowance ("H.R.A.", for short) is the subject matter in both these petitions. The petitioners in each of these petitions are employees of Vakal ITI, which is situated at Village Dashrath, District : Vadodara. The said Institute is a registered Institute and as averred in the petitions, the said Institute is getting 100% grant from the State Government. It is not in dispute that even though the said Institute is situated at Village Dashrath, which is near to Baroda City, all the petitioners are having their respective accommodation in Baroda City. The petitioners were getting H.R.A. at the rate of 15% of the basic pay for some time. The State Government, subsequently, vide Resolution dated 25.2.2000, reduced the percentage of H.R.A. to 5%. The aforesaid reduction in the H.R.A. from 15% to 5% is challenged by the petitioners on various grounds.

(2.) It is averred by the petitioners in the Special Civil Applications that the distance between Dashrath Town, i.e. the place where their office is situated, and the Corporation limits of Baroda City is 6.60 K.Ms. It is the say of the petitioners that, initially, they were getting H.R.A. at the rate applicable to the employees serving in Baroda City. Thereafter, by Resolution dated 20/01/1998, the said rate was modified and so far as the City of Baroda is concerned, which was coming in `B-1' category of City, H.R.A. was fixed at the rate of 15% of the actual basic pay drawn. Accordingly, by the aforesaid Resolution, dated 20/01/1998, H.R.A. was revised and as per the revised rate, an employee was entitled to get 15% of the actual basic pay drawn so far as Baroda City is concerned. The benefit of revision of H.R.A. was given from back date, i.e. 1.8.1997. Accordingly, the petitioners, who are residing in the City of Baroda, started getting H.R.A. at the rate of 15% on the basis of the said revised rates prescribed in the aforesaid Resolution dated 20/01/1998. The aforesaid modification was necessitated in view of the introduction of the revised scale of pay under the Gujarat Civil Services (Revision of Pay) Rules, 1998. It is required to be noted that prior to the said Resolution of 1998, the petitioners were getting H.R.A. at the flat rate on the basis of their scale of pay.

(3.) As stated earlier, so far as Dashrath Town is concerned, it is situated at a distance of 6.60 K.Ms. away from the Corporation limits of Baroda City. The State Government had passed the Resolution on 15th December, 1975. Certain relevant features of the said Resolution of 1975 are as under :-