GOPAL SINGH HANS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This order shall dispose of C'WP Nos. 3879, 3880 3881, 5144, 9931, 10205, 10750 and 17471 of 2001 as common question of law and fact arises in these cases. The facts as mentioned hereinafter are from C.W.P. No. 3879 of 2001.

(2.) On 31.1.1978, the State of Punjab decided to provide incentive of rent free accommodation to State Government employees posted in the Border areas i.e. Cities/Towns/Village falling within 10 miles/16 Kms belt of International Border in District Gurdaspur, Amritsar and Ferozepur. However, on 15.5.1984, it was decided by the State Government that those who are not provided with rent free accommodation be granted House Rent Allowance at the rate of 12.5% of their pay i.e. equal to the employees posted in A Class cities without production of actual rent receipts. The petitioners who were posted within 16 kms. border belt were getting such Border and House Rent Allowance along with other employees.

(3.) On 30.8.1988, the State of Punjab on the recommendation of the Third Pay Commission issued instructions, vide which cities/towns in the State were re-classified in Class A, B, C & D for the purpose of the House Rent Allowance and different rates of House Rent Allowance to the employees according to their pay range in different class of cities/towns were also notified. However, proviso in the said instructions protected the payment of House Rent Allowance being drawn by the employees at higher rates than those specified in the instructions till their rate of House Rent Allowance get adjusted in the revised rates. Relevant provisions from the said instructions read as under:-