SATINDER MOHAN KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Recovery sought to be made by the respondents from the House Rent Allowance paid to the petitioners is the subject matter of challenge in this writ petition. The petitioners have prayed that the respondents be restrained from making recovery from their salaries and the order issued by the District Education Officers for effecting .recovery be declared illegal and be quashed.

(2.) In short, the case set up by the petitioners is that they and their spouses are employed in Government Service, and they are in receipt of the House Rent Allowance as per the Government instructions. Some time in the year 1987, audit party of the office of Accountant General, Punjab had objected to the drawal of House Rent Allowance by both the spouses. Thereafter the Director, Public Instruction (Schools), Punjab directed the District Education Officers etc. to send those cases for approval of the department where the husband and wife are in receipt of House Rent Allowance. The petitioners submitted their applications for approval by the competent authority for payment of House Rent Allowance and its said that the matter is still pending consideration.

(3.) In the meantime the respondents initiated action for recovery of the alleged excess House Rent Allowance paid to the petitioners. The petitioners have challenged the action of the respondents on the ground that before a decision is taken on the applications filed by them, it is not permissible for the respondents to effect recovery from their salaries on the ground that they have received excess House Rent Allowance. Another plea their spouses are living separately and, therefore, in terms of the Government decision contained in circular letter dated 28.7.1989, they are entitled to separate House Rent Allowance.