KARTIK CHARAN JHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS petition has been preferred mainly for getting pay slip in favour of the petitioner after inclusion of House Rent Allowance. The petitioner is Joint Commissioner (Administration), in Jamshedpur Division, Jamshedpur of Commercial Tax Department.

(2.) I have heard counsel for the petitioner, who has submitted that as per the House Rent Allowance Rules, 1980 (hereinafter referred to as the Rules, 1980, for the sake of brevity) issued under Article 162 of the Constitution of India whereby, the petitioner if not residing in the house of State Government or Central Government or any undertakings thereof or house of Municipality, Port Trust, Nationalized Bank, Life Insurance Corporation of India or in the house of Semi - Government Organization, then the petitioner is entitled for the House Rent Allowance. It is submitted by the counsel for the petitioner that the petitioner is occupying the house on rent of a private owner which is a Limited Company which is nothing to do with the Government. The said company is known as Tata Steel Company. It is also submitted by the counsel for the petitioner that he is ready and willing to file any undertaking provided under Rule 9 of the Rules, 1980 that petitioner is not occupying any Government house, but, the petitioner is occupying a house owned by a company limited and therefore, he is entitled for House Rent Allowance and therefore, respondent no. 3 may be directed that pay slip may be issued in favour of the petitioner after inclusion of the House Rent Allowance.

(3.) I have heard counsel for the respondent nos. 1 and 2, who has submitted that they have received a letter from respondent nos. 3 and 4, but, they have not yet replied to respondent nos. 3 and 4, but, the fact remains that the petitioner is not occupying the rent of the State Government and any undertaking of the State Government or Municipality.