MUKTI RAYS Vs. STATE OF U P

JUDGEMENT

(1.) By the Government Orders dated 15/12/1981, 28/2/1984 and 7/2/1990 (Annexures-1 to 3 to the writ petition), the State Government had decided that if both the husband and wife are in Government service, then only one of them would be entitled for House Rent Allowance, provided they reside in the same house By the Impugned orders contained in Annexures-4 to 18, the house rent allowance paid to the petitioners who are covered under the said Government Orders and that their spouses are getting house rent allowance, the house rent allowance paid to the petitioners has been sought to be recovered.

(2.) By an interim order dated 3/1/1992 passed in this writ petition, the said recovery has been stayed and it was directed that the house rent allowance should be paid to the petitioners.

(3.) The said Government Orders have been challenged on the ground that it is discriminatory inasmuch as while house rent allowance is payable to the husband but it is not been allowed to the wife and that such house rent allowance is payable by reason of Individual right of the petitioners and meant for the benefit of the family. Thus, it appears that the grounds are Inconsistent and are contradictory. If the house rent allowance is meant for the employee and his family in that event, the house rent allowance received by husband is meant for the accommodation of the wife and vice-versa. Therefore, on that account, the said Government Order cannot be assailed.