HARJINDER KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Vide this judgment, four writ petitions (Nos. 9535, 7580, 8916 and 14127 of 1993) are being disposed of as the question involved therein is common, with regard to recovery of excess House Rent Allowance having been withdrawn by the petitioners. Judgment is prepared in Civil Writ Petition No. 9535 of 1993 (Harjinder Kaur and Ors. v/s. State of Punjab and Ors.).

(2.) The petitioners in all these writ petitions are teachers posted in rural areas, situated within 16 kilometers of the International Border (Border with Pakistan). Before August 1988, they were getting 12 -1/2 per cent of their basic pay towards House Rent Allowance in lieu of rent free accommodation, which was required to be provided to them by the State, being situated in the border area. At that time 12 -1/2 per cent of the basic pay was being given as House Rent Allowance to the employees stationed in first class cities. Instructions on this subject are contained in letter Annexure P -l dated May 15, 1973. The Third Punjab Pay Commission made recommendations for revising pay scales of the Punjab Govt. Employees as well as House Rent Allowance payable to them. On the recommendations of Punjab Pay Commission so made, the Punjab Government issued instructions dated August 30, 1988 -Annexure P.2. The cities and towns were divided into four classes, (i.e. 'A', 'B', 'C and 'D') on the basis of population. The rates of House Rent Allowance of various pay ranges admissible in different classes of towns as aforesaid were provided. Some of the employees, who were getting more House Rent Allowance than provided therein, were given protection as under: -

(3.) The respondents have contested the claim of the petitioners. After the Third Punjab Pay Commission made the recommendations, the Government issued separate instructions on August 30, 1988, with respect to payment of House Rent Allowance was made payable to the Government employees stationed at towns and cities, as described in one of the instructions issued on August 30, 1988, and with respect, to Government employees stationed in other rural areas, they were to be allowed Rural Area Allowances as per separate instructions issued on that very day. Outside those instructions, no such House Rent Allowance was payable and if Government employees were getting some House Rent Allowance earlier at their respective places of posting, that is deemed to have been withdrawn or denied. Rural Area Allowance was in -fact allowed in place of House Rent Allowance because of the report of the Third Punjab Pay Commission. From time to time, clarifications in this respect were made by the State Government. Copies of such instructions were attached as Annexure R -l dated May 31, 1990, Annexure R -2 dated December 23, 1988 and Annexure R -3 dated August 17, 1988. The instructions Annexure R -3 are specific with respect to payment of five per cent of the basic pay in addition to the House Rent Allowance payable in the towns or the cities or rural area allowance payable in rural areas on account of rent free accommodation when the same was not provided and the protection clause given in instructions dated August 30,1988 was only meant for higher House Rent Allowance being drawn to be adjusted in respect of towns and cities. Vide instructions Annexure R -2, dated December 23, 1988, the aforesaid instructions Annexure R -3 were to be given effect from September 1, 1988. After the decision of Civil Writ Petition No. 8534/1988 on December 19, 1989, the instructions Annexure R -l were issued to effect recoveries of the excess House Rent Allowance drawn by the employees.