LAWS(P&H)-2003-1-204

SURINDER KUMAR VERMA Vs. STATE OF PUNJAB

Decided On January 15, 2003
Surinder Kumar Verma Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) I have heard counsel for the parties at some length. Claim of the petitioner in this petition under Article 226 of the Constitution of the India is that letter dated 13.9.1985, Annexure P-7 to the writ petition be quashed and the respondents be directed to grant to the petitioner the House Rent Allowance (HRA) entitlement at the rate of 25% of the basic pay plus special pay in terms of the Service Regulations for the period 2.2.1981 to 20.12.1984 i.e. the date on which the petitioner ceased to be the employee of the respondent Corporation.

(2.) It is not necessary for me to go into the detailed facts giving rise to this petition. Suffice it to say that claim of the petitioner is based on the fact that he had serving the Corporation and in terms of regulation 21(ii) of Chapter X of the Punjab Ex-Service Corporation (Service) Regulations, 1979 (for short "the Regulations") the direct employees of the Corporation are entitled to get HRA at the rate of 25% of the pay.

(3.) Written statement on behalf of the respondent-Corporation has been filed. It has been denied that any representation dated 11.8.1982 was received by the office of the answering respondent. Further it is stated that the Corporation has taken a decision to grant HRA to its employees at par with the HRA admissible to the employees of the Government of Punjab as per the decision taken and approved by the Board in the year 1982. However, notification to that effect was issued in September, 1984. It is also contended that the petitioner is estopped from raising this claim as he has already been getting HRA at the rate of 15% of the basic pay as admissible to the employees of the Government of Punjab, without any protest.