ARUP RATAN GOOPTU Vs. COAL INDIA LTD

JUDGEMENT

(1.) The writ petitioner was working as a Sales Manager of the first respondent and was posted at its Marketing Headquarters at Park Street, Kolkata during the period October, 2005 till October, 2008. During such posting the petitioner received his due salary including the House Rent Allowance (for short, HRA) at the rate of 30 per cent of the basic salary.

(2.) In August, 2008 the petitioner was promoted to the post of Deputy Chief Sales manager (re-designated as Chief Manager) and was transferred to Eastern Coalfields Limited (for short, E.C.L.) pursuant to an office order dated August 18, 2008 and accordingly was released from the first respondent by a release order dated October 13, 2008 and immediately joined ECL on October 22, 2008.

(3.) Pursuant to Coal India Executives House Rent Allowance Rules (for short, the HRA Rules) (corrected upto May 23, 1989), the petitioner contended, that in the event any executive is not provided with the quarter/accommodation at his place of posting he would be entitled to HRA. According to the HRA Rules, even any executive who was drawn HRA, was transferred to another station involving change of residence leaving behind his family members at the old station, he would be eligible for the HRA at the new station for a maximum period of six months from the date of release from the old station provided he was not allotted accommodation by the employer at the new station. However, the period could be extended thereafter with the approval of the competent authority, if the management had not been able to provide accommodation to such employee.