KRISHNA SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Counsel for the Petitioners and learned Counsel for the State.

(2.) In all these writ petitions, basically only one question has been raised though the prayer therein has been clothed in different manner. Such question is with regard to entitlement and payment of House Rent Allowance. It is not in doubt that in the report of the pay revision committee as accepted by the State Government the House Rent Allowance (HRA) is one of the admissible allowance which is payable on fulfillment of certain terms and conditions. In fact to that extent, there is also a statutory rule in Bihar Rajyakarmchari Bharha and Bhatta Niyamawali, 1980. The grievance of the Petitioner is that when the State Government by a specific order contained in Letter No. 5810 dated 4.8.1984 had laid down certain conditions for grant of HRA and the Petitioners had also been given the same by the competent authority, its payment could not have been stopped under the order of Sub-Divisional Officer. In this context, counsel for the Petitioners have specifically relied on letter of the Secretary to the Education Department No. 1150 dated 26.4.1986 delegating power of sanctioning and the payment of HRA in respect of teachers of Primary School, Basic Schools and other schools in the Deputy Development Commissioner (D.D.C.) of the District. Such delegation of power according to the Petitioners makes the DDC the sole repository with regard to sanction and payment of HRA to the teachers of different schools. The grievance of the Petitioners therefore is that when by an individual order they were sanctioned and in fact were also paid HRA in terms of policy decision of the State Government, its sudden stoppage under the orders of the Sub-Divisional Officer was not only bad but also without jurisdiction.

(3.) Mr. Rajendra Prasad Singh, learned Counsel for the Petitioner to that extent has also gone to submit that as a matter of fact, after such stoppage was made and the Petitioners had moved this Court, some orders were passed in justification to the impugned action with regard to stoppage of payment of HRA.