GYAN PRAKASH GOVIL Vs. STATE OF U P

JUDGEMENT

(1.) S. U. Khan, J. The five petitioners, are Principal, Lecturer, Assistant Teacher, Clerk and Daftari in Janta Inter College, Chherat District Aligarh, which is a recognized and aided educational institution. The College in question is situate beyond municipal limits of Aligarh but within 8 kilometer therefrom, as is evident from paragraph 5 of the writ petition, which has been admitted in paragraph 5 of the counter-affidavit filed on behalf of District Inspector of Schools.

(2.) THROUGH Government Order dated 20-7-1978 (Annexure '1' to the writ petition) House Rent Allowance was made admissible to the teachers and other employees of Government recognized and aided Educational Institutions situate within the municipal limits of the cities mentioned therein, including Aligarh. THROUGH another Government Order dated 2-2-1980 (Annexure '2' to the writ petition) it was provided that the employees of those Colleges, which were situate beyond the municipal limits of the districts mentioned therein (including Aligarh) but within 8 kilometers therefrom, were also entitled to House Rent Allowance (H. R. A. ). Thereafter on 15-12-1981 and 29-12-1981 Government Orders were issued in respect of Government employees notifying higher slab/rate of House Rent Allowance. (Copy of G. O. dated 29-12-1981 is Annexure IV to the writ petition ). On the same date, i. e. 29-12-1981 another Government Order was issued, copy of which is Annexure '5' to the writ petition, applying the same slab/rate of House Rent Allowance to employees of Government aided colleges, which was made applicable to Government employees by Annexure IV. Thereafter another Government Order was issued on 28-8-1982, copy of which is Annexure '8' to the writ petition. THROUGH the said Government Order it was provided that only those Government employees would be entitled to House Rent Allowance as provided under Government Order dated 15-12-1981 and 29-12-1981, who were working in the offices which were situate within the municipal limits of the cities mentioned therein and not to those employees who were working in the office situate beyond the municipal limits but within 8 kilo meters. Till then those Government employees were also entitled to the H. R. A. at the rate as provided under Government Order dated 29-12-1981 who were working in the offices which were situate beyond the municipal limits of the cities mentioned therein but within 8 kilo meters there from.

(3.) ACCORDINGLY, I hold that the Government Order dated 28-8-1982 does not apply to employees of Government aided schools and colleges.