G.RAMACHANDRA RAO Vs. UNION OF INDIA

JUDGEMENT

(1.) Challenge in this writ petition is to the inaction of the respondents in considering and granting House Rent Allowance to the petitioner from 1/4/2017 till 31/3/2019.

(2.) The case of the petitioner is that the petitioner was transferred from Jamnagar, Gujarat. On 10/2/2017 the petitioner addressed the respondents for confirmation of availability of married accommodation by duly intimating the date of arrival and joining of duty in order to mobilize the household articles by the end of March, 2017. However, there was no response from the respondents though accommodation was available from 1/12/2016. On 3/4/2017 the petitioner joined in Secunderabad and requested for Type-III married accommodation. On 24/4/2017 the petitioner intimated to the respondents about the arrival of his family from the old station. Since there was no response, the petitioner took private accommodation. It is further submitted that on 5/5/2017 the respondents intimated about allotment of Government married accommodation, whereas the petitioner had already hired a private accommodation. The petitioner further submits that he addressed a detailed letter on 30/7/2018 and 3/10/2018 indicating all the correspondence for payment of HRA due to failure of the respondents for allotment of married accommodation to the petitioner in the month of April, 2017, which forced him to hire private accommodation. Petitioner further submits that he purchased a house on 19/11/2018. Since no favourable action was forthcoming, petitioner got issued a legal notice to the respondents on 19/11/2019. But no reply was given nor any amounts were paid. Hence the petitioner filed the present writ petition seeking the intervention of this Court to direct the respondents to pay HRA to him from 1/4/2017 till 31/3/2019.

(3.) The respondents filed counter affidavit stating that as per Clause 5(1) and (2) of SRO 308, dealing with allotment of residences (Defence Pool Accommodation for civilians in Defence Services) Rules, 1978, all officers posted at a station where accommodation has been built specially for civilians in Defence Services, who are eligible for the allotment of such accommodation, shall apply for allotment on joining duty at the station. Whereas Clause 5 (3) of SRO 308 stipulates that the application for allotment of married accommodation received on or before the last date of calendar month will be considered in the succeeding month. Since the petitioner made application on 3/4/2017 i.e. on the date of his joining, the application was forwarded to allotting authority. The Estate Management Unit, vide letter dtd. 26/4/2017 had allotted Qtr.No.22B, Gopal Colony, Mudfort, Secunderabad to the petitioner i.e. within 23 days of submission of his application and that the petitioner was informed about the allotment. It is submitted that the petitioner visited the quarter personally but did not occupy the same. Therefore, the petitioner is not entitled to claim HRA as per Para (b)(i) & (ii) of the letter No.F2 (37) E-II B/64 dtd. 27/11/1965 of the Government of India, Ministry of Finance, Department of Expenditure which says that allowance shall not be admissible to those to whom accommodation has been offered by Government but who have refused it. It is further submitted that the petitioner submitted his application on his arrival on reporting the office on 3/4/2017. As per rule position, the petitioner's case for allotment should have been considered subsequent to 30/4/2017. But the petitioner was allotted accommodation on 26/4/2017, which is well within one month of his reporting to the station and the letter was also handed over to him through the Sec. in which he was working. But the petitioner, without occupying the quarter, claimed HRA by residing in a private accommodation.