SADHU RAM KUSLA Vs. THE STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner herein is working as a Stenographer in the District Rural Development Agency Bhatinda. He is aggrieved by the decision of this Agency in reducing rate of House Rent Allowance from 25% of the basic pay to the same rate at which it is admissible to the Government employees. A few facts may be noticed.

(2.) On Sept. 20, 1976, the Governing Body decided to sanction House Rent Allowance @ 25% of the basic pay to all the Staff of the Agency subject to certain conditions. This decision was reiterated in the meeting held on June 18, 1980 and was to remain in force" till any decision becomes available from the Government." A letter was received from the Government in Aug., 1981. A copy of this letter is at Annexure P-4. It was inter alia mentioned that the employees of the Rural Development Agencies are entitled to get the same house rent allowance and other allowances as the State employees. On this basis, the Chairman of the Agency issued an order directing that the employees of the Rural Development Agency shall get the same House Rent Allowance as is being paid to the employees of the State Government. As in the order by the Government, a direction for deduction of the excess amount, if any paid, was also issued. A twofold grievance has been made on behalf of the petitioner. Firstly, it is claimed that the order is wholly without jurisdiction as the Governing Body alone was competent to take a decision in the matter. Secondly, it has been contended that before ordering any deduction, the respondents were bound to afford an opportunity to the petitioner.

(3.) A written statement has been filed on behalf of the respondent. It has been inter alia pointed out that the petitioner was paid House Rent Allowance in accordance with the resolution dated Sept. 20, 1976 passed by the Governing Body of the Agency in the old grade of pay. By the letter dated Jan. 14, 1980 the employees in various departments of the Government were entitled to only a fixed House Rent in view of the new grades of pay. It is pointed out that the employees of the Agency are governed by the Punjab Government Rules/Regulations in the matter of payment of D.A./A.D.A. and similarly, they are also governed by the Government rules in the matter of payment of house rent. On this premises, the impugned action is sought to be justified.