UNION OF INDIA Vs. AJAY KUMAR YADAV

JUDGEMENT

(1.) Heard. Order dated 18-4-2012 passed by Central Administrative Tribunal, Jabalpur Bench, Jabalpur is being assailed vide this petition under Article 227 of the Constitution of India; whereby claim by respondents for House Rent Allowance from the day they vacated the factory accommodation has been allowed.

(2.) The respondents are High Skilled employees in Ordnance Factory, Khamaria. While living in Government accommodation allotted to them, they got their individual houses constructed and they shifted in these houses after vacating the government accommodation on 5-12-2005, 8-6-2006, May 2003, 28-1-2005 and 21-5-2006 respectively. Applications were filed by respective respondents for grant of House Rent Allowance; but were declined by the petitioners (respondents in Original Application) on the ground that respondents have failed to produce "No Accommodation Certificate".

(3.) The no accommodation certificate was required, as per the petitioners, because unless established that due to non-availability of government accommodation the employees are required to live in their own accommodation in a rented accommodation, they are not entitled for the house rent allowance. And the same being an allowance and not an element of pay, the condition precedent unless fulfilled did not entitle them for the house rent allowance.