(1.) - Heard learned counsel for the petitioner and learned counsel for the respondent State.
(2.) The petitioner is a State Government employee, being Assistant Teacher in Government Harijan Balak Middle School, Doranda, Ranchi. The husband of the petitioner is a Central Government employee, working as Assistant Audit Officer, in the Office of Accountant General (Audit), Jharkhand, Ranchi. Earlier the petitioner was residing with her husband in the Government's quarter in Doranda, but subsequently, they purchased a flat of their own and they shifted in their own flat in the month of Jan., 2008. The petitioner, when she was living with her husband in the Government's quarter, did not claim any House Rent Allowance, but after shifting in their own flat, the petitioner gave her application on 6.5.2008 to the District Superintendent of Education, Ranchi, for allowing her the House Rent Allowance, w.e.f. month of February 2008, as the Government quarter, in which she was residing with her husband, had been surrendered in the month of Jan., 2008. In spite of the said representation, the petitioner was not granted the House Rent Allowance, which compelled the petitioner to file this writ petition praying for a mandamus upon the respondent authorities directing them to make the payment of admissible House Rent Allowance to the petitioner w.e.f. the month of February 2008.
(3.) Learned counsel for the petitioner has submitted that the Central Government had made the clarification on 8th Nov., 1988, in this regard as is available in Swamy's compilation of HRA and CCA, in which it is stated that the Central Government had decided that no restriction should be imposed on the drawl of HRA only on the ground that the husband/wife is also a Government servant and is living together in the hired/owned accommodation. In such cases, normal amount of HRA may be granted to them as per their entitlement subject to fulfilment of other conditions for drawal of the allowance. It has also been submitted by the learned counsel for the petitioner that the State of Bihar had also framed House Rent Allowances Rules in the year 1980, which is in force in the State of Jharkhand, but in the said Rules also, there is nothing to prevent the admissibility of HRA to one spouse, in case, both the husband and wife are Government servants and they are living in their own house. Learned counsel for the petitioner has also brought on record the amendment in HRA Rules framed by the State Government, to show that the HRA Rules framed by the State Government are based on the Rules framed by the Central Government. Learned counsel further submitted that in similar matters in CWJC No. 1136 of 1994 (R) and CWJC No.1298 of 1994(R), in the matters of Awadhesh Kumari Verma and Another Vs. State of Bihar and Mrs. Kiran Srivastava and Ors. Vs. State of Bihar and Ors., respectively, which were decided on 24.02.1995 , the HRA had been allowed to the other spouse also, when both of them were the Government servants.