NINABEN J ANDHARIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present Special Civil Application is filed for the relief that the action of the respondents of not paying House Rent Allowance (hereinafter referred to as "HRA") with effect from 01.07.2000 to the petitioner, though the petitioner is legally entitled, be declared unjust, improper, arbitrary, discriminatory and violative of Article 14 of the Constitution of India and the same be quashed and set aside. It is also prayed that a further direction be issued to respondent no.3 to pay HRA month to month to the petitioner and also arrears from 01.07.2000 till September 2001.

(2.) The facts of the case are that the petitioner joined the services on 20.02.1996 as Female Nurse. She was serving and rendering her services to the best of her abilities, was confirmed and being a confirmed Government employee is entitled to uniform service conditions and all other benefits as per the prevailing rules and regulations. The case of the petitioner is that the petitioner's husband, who is working as Male Nurse with respondent no.3 had applied for rent free Government quarter, which was allotted to him from the common pool. At that time, the petitioner was serving as Female Nurse in other Government Hospital. Thereafter, on 04.07.2000 the petitioner was transferred to Sir Taktasinhji Hospital, Bhavnagar, where the petitioner's husband was serving as Male Nurse. The petitioner started living with her husband in the rent free quarter allotted to the petitioner's husband from July 2000.

(3.) The petitioner addressed a communication dated 09.11.2000 to respondent no.3, Medical Officer, Sir Taktasinhji Hospital, Bhavnagar and requested to pay her HRA along with arrears from the month of July 2000 to October 2000. As there was no reply to the said communication the petitioner again wrote on 11.12.2000. The request of the petitioner was responded only in the month of May 2001. The petitioner found the said reply to be evasive. Again by letter dated 04.06.2001, the petitioner was informed that in view of the Government Resolution dated 23.07.1993 the petitioner is not entitled to HRA. The petitioner after having received the aforesaid two communications wrote letters dated 12.07.2001 and 31.07.2001 and clarified the position as to how the Government Resolution dated 23.07.1993 is not applicable to her. The petitioner also placed reliance on the judgement of this Court in First Appeal No.1174 of 1992, which is reported in "Gujarat Civil Services Tribunal" at page 183, a copy of which is produced at Annexure 'D' to this petition. The aforesaid First Appeal No.1174 of 1992 was decided by this Court (Coram: K.G. Shah, J.) on 21.12.1992.