UNION OF INDIA Vs. M M RANGARI

JUDGEMENT

(1.) Rule. Heard forthwith by consent of parties.

(2.) The short question that falls for consideration in this Petition is whether the employees of Ordanance Factories the Petitioner Union of India, viz., the Ordanance factory Board are entitled to House Rent Allowance (HRA) after they had constructed their own respective houses by arranging loans and after shifting to their own accommodation on the ground that they have not obtained "non availability Certificate" in respect of official residential accommodation . The answer must be given in the negative for the following reasons.

(3.) It is not in dispute that Employees who have applied for allotment of Government accommodation from the General pool of residential accommodation and have not been allotted their entitled type of accommodation due to non availability of the accommodation would be entitled to claim House Rent Allowance(HRA). The submission made on behalf of the Petitioner is that the Central government Employees who are offered official residential accommodation but they refused to occupy the same would not be entitled to claim HRA.