ASHOK KUMAR SHARMA Vs. HIGH COURT

JUDGEMENT

(1.) BY way of instant petition under Article 226 of the Constitute of India the petitioner has challenged order dated 21. 8. 2001, whereby his request for grant of house rent for the period 1. 9. 2000 to 30. 04. 2001 has been declined.

(2.) THE short facts giving rise to the instant petition are that while the petitioner was posted as District & Sessions Judge, Jhalawar by order of the High Court dated 29. 08. 2000, he was kept under awaiting posting orders at Jaipur with immediate effect. Pursuant to the directions of the Registrar General on telephone he reported to the Registrar, Administration at Jaipur on 1. 9. 2000. Subsequently pending departmental enquiry he was put under suspension by order dated 20. 11. 2000. On attaining the age of superannuation he retired from service on 30. 04. 2001. He was paid salary for the period of APO on 4. 6. 2001. After his case for payment of salary was settled, an application was submitted for the payment of house rent during the period of APO/suspension i. e. , 1. 9. 2000 to 30. 04. 2001. THE application was also accompanied by the original receipts of the rent. THE application for grant of HRA was rejected on the ground that such an application was to be filed within a period of one month as per Rule 4 (4) of the House Rent Allowances Rules, 1989. He filed a review application against the order dated 21. 8. 2001 but the same was also rejected by order dated 18. 12. 2002. In a reply to the writ petition the respondent has justified the stand taken for rejection of the prayer for grant of HRA.

(3.) CONSEQUENTLY, the writ petition is allowed. The orders dated 21. 8. 2001 and 18. 12. 2002 are set aside. The respondents are directed to pay the house rent to the petitioner for the period 1. 9. 2000 to 30. 04. 2001 within a period of three months. No order as to cost. .