ABALA BISWAS Vs. STATE OF BIHAR

JUDGEMENT

(1.) Whether employees of the State Government sharing accommodation with their spouse are entitled to House Rent Allowance (HRA) is the question for consideration in these cases. The question is to be considered in the context of the Bihar State Employees (House Rent Allowance) Rules 1980 (hereinafter referred to as 'the Rules'only).

(2.) The Rules provide for grant of HRA to the employees of the State Government. Although all State Government servants are eligible to get the allowance the right is hedged by conditions. Many relevant foundational facts in this regard have not been stated in the writ petitions; for example, it is riot said in any of the writ petitions that the petitioners had applied for government accommodation which has not been provided a condition precedent under Rule-5(a). It appears that the government servants are getting the allowance as a matter of course. However, the purpose of this observation is not to find fault with the petitioners' case but to point out that the right to get the allowance is not unconditional and absolute. A large number of cases involving the point are said to be pending in this Court and as such it would only be proper to decide the point on merit rather than go by the technicalities.

(3.) The petitioners have been denied the HRA on the ground that their spouses are getting it and, therefore, it terms of Rule-6(b) they are not entitled to the same. It may be stated here that except petitioner No. 2 of C.W.J.C. No. 6660 of 1994 Azra Begum whose husband, employed as Oath Commissioner in the High Court, has been provided with government accommodation, no other petitioner's spouse has been provided with such accommodation. They are said to be living in private rented house with their spouse. Counsel representing the petitioners in the said writ petition in view of the provisions of Rule 6(c) of the Rules very fairly did not press her claim.