S.I. JIWAN RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) (Oral):- The petitioners who are employees of Police Department in the State of Haryana and employed as Constables, Head Constables or Assistant Sub-Inspectors etc. have approached this court under Articles 226/227 of the Constitution of India for issuance of a writ of certiorari quashing the letter dated 17.10.89 (Annexure P-4) issued by the Commissioner and Secretary to Government of Haryana, Home Department, Chandigarh to the Director General of Police wherein it has been decided that instructions dated 3.10.85 of the Finance Department, Haryana regarding grant of House Rent Allowance shall be applicable to police personnel and in compliance thereof orders have been passed to recover the excess payment of the House Rent Allowance from the petitioners. Brief facts as made out from the pleadings of the parties would go to show that the petitioners vide letter dated 27.11.79 issued by the Secretary to Government, Haryana, Home Department, Chandigarh to the Inspector General of Police, Haryana were held entitled to 10% of the basic pay as House Rent Allowances as also of the 10% of the Basic Pay as House Compensation Allowance. This decision was made applicable with effect from 1.4.1979 and copy of the aforesaid letter is Annexed with petition as Annexure P-1. The aforesaid two allowances were paid to the petitioners upto 31.12.1989 in the manner as would be clear from the table given below:- <FRM>JUDGEMENT_116_LAWS(P&H)7_1992(1).html</FRM>

(2.) Vide letter dated 3.10.1985 (Annexure P-2) issued by the Financial Commissioner and Secretary to Government, Haryana, Finance Department to all Heads of Departments and others, it was decided that the Government employees who were entitled to rent free accommodation will be entitled to House Rent Allowance at the rate of 5%; 71/2% or 10% of their pay (subject to the range in the revised pay scales) as laid down in para 1 of the Finance Department letter dated 6.7.1981 (copy of this letter is placed on record as Annexures P-3). The employees were also entitled to get the amount of House Rent Allowance on slab basis admissible to them according to pay range and the place of posting as sanctioned by the Haryana Government. These orders were given retrospective effect from 1.1.1980 but excess payment, if any, made was waived off. The Director General of Police, Haryana sought clarifications vide letter dated 16.9.1986 as also dated 16.12.1986 and 17.10.1989, from the Commissioner and Secretary to Government, Haryana, Home Department, and in turn was informed that letter dated 3.10.1985 (Annexure P-2) was applicable to police personnel as well. The compliance of the said orders was asked to be done and recovery in excess was asked to be made. The aforesaid letter has been placed on record as Annexure P-4. The petitioners thereafter drew House Rent Allowance as per instructions contained in the letter dated 17.10.1989 which was sent to the heads of Police Offices at the rate of 5%, 71/2% and 10% plus slab issued vide Government letter dated 12.2.1988 (Annexure P-5) as would be elucidated in calculation table placed below:- <FRM>JUDGEMENT_116_LAWS(P&H)7_1992(2).html</FRM>

(3.) Vide memo. dated 23.4.91 (Annexure P-6) issued by the Director General of Police to all Heads of Police in Haryana, it was intimated that rates referred to in Finance Department letter dated 3.10.85 were on pre-revised scales and that with effect from 1.4.1991, house rent allowance be paid in accordance with existing Government instructions. Accordingly house rent allowance was given to the police personnel as per calculation table given below from 1.5.1991:- <FRM>JUDGEMENT_116_LAWS(P&H)7_1992(3).html</FRM>