KRISHNA CHETTY Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) (Prayer: This writ petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorari to call for the records in pursuant to the impugned order of recovery passed by the third respondent in proceedings Na.Ka.No.4115/A2/94, dated 2.2.1996 quash the same so far as the petitioners are concerned only.) It is submitted that the petitioners have been employed in various capacities, under the control of the third respondent, at Krishnagiri. Krishnagiri is a Municipal Area classified as Grade-III for the purpose of House Rent Allowance. The Government of Tamil Nadu had passed G.O.Ms.No.1167, Finance (Allowance-II), dated 28.8.1974. It has been stated in the said Government Order that, since a large number of District Offices are still functioning at Krishnagiri, the staff working in the various offices at Krishnagiri are permitted to draw the house rent allowance at 8% of their pay which is permissible for Grade-II. Thus, Krishnagiri was designated as Grade-II for the purpose of house rent allowance.

(2.) IT has also been stated that the Government of Tamil Nadu had passed G.O.Ms.No.772, Finance (Pay Cell), dated 22.9.1986. The said Government order was passed with the recommendations of the 'One Man Committee' enlarging the scope and up gradation of certain places for eligibility for house rent allowance. In the said Government order, it was stated that the places around the Grade-II Towns at a distance not exceeding 8 kms. from the town limits, should be taken for giving house rent allowance as admissible at Grade-II places and if the radius of 8 kms. falls within a part of the panchayat union, the entire panchayat union shall be taken for the purpose of giving house rent allowance as admissible to Grade-II places.

(3.) NO reply affidavit has been filed on behalf of the respondents.