STATE OF TRIPURA Vs. NILIMA DUTTA

JUDGEMENT

(1.) The short question involved in this appeal is whether the respondent in the appeal (original writ petitioner) who is an employee of the State Government and her husband who is an employee of the Tripura State Cooperative Bank were both entitled to house rent allowance or not.

(2.) It is not disputed that the employees of the Government of Tripura are governed by the Office Memorandum dated 2nd January, 1976 as amended on 19th January, 1977 in so far as grant of house rent allowance is concerned. Para 5 of the Office Memoran -dum as amended reads as follows:

(3.) The learned Single Judge held that since the husband of the original writ petitioner was an employee of the Tripura State Cooperative Bank he could not be considered to be an employee of the State and also held that the Tripura State Cooperative Bank cannot be compared with the Nationalized Bank or State Sector Undertakings and as such both the writ petitioner and her husband were entitled to draw house rent allowance. Aggrieved by the said judgment, the State has filed the present appeal.