C SURESH PATNAIK Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) All these Writ Petitions except Writ Petition No. 800 of 1995 are preferred by various judicial Officers belonging to Andhra Pradesh Higher Judicial Service and Andhra Pradesh State Judicial Service seeking directions to the respondents in these Writ Petitions to pay House Rent Allowance (for short 'H.R.A.') to them; some of them in the alternative seek directions to the respondents not to deduct any amount towards rental or maintenance for the houses allotted by the Government and occupied by them.

(2.) Writ Petition No. 800 of 1995 is preferred by the Andhra Pradesh Judicial Officers Association ('the Association' for short) seeking a Writ of Mandamus

(3.) He also refers to G.O.(P) No. 20, Finance & Planning (FW.PC.II) Department dated 19-1-1994 providing for recovery of rent in respect of Government quarters allotted to Government employees as standard rent fixed in accordance with Fundamental Rule 45-A-IV(b) or 10% of the emoluments, whichever is less, with effect from 1-1-1994. He states that in respect of the members of the Association who have been allotted Government quarters which are occupied by them, the Government of Andhra Pradesh has been withholding H.R.A. (fixed) under Rule 2(1) of the Rules as amended by G.O. (P) No. 19 dated 19-1-1994 and also at the same time recovering rent under G.O.(P) No. 20 dated 19-1-1994. It is contended on behalf of the Association that the Rules applicable to State Government employees for payment of H.R.A., are not applicable to the members of the Association, who are a separate class and that therefore they are entitled to be paid H.R.A., under Sub-Rule (1) of Rule 2 of the Rules notwithstanding the fact that they have been allotted Government quarters for which they are paying rents as per the applicable Rules. Similar contentions are raised by the petitioners in the other Writ Petitions.