Judgment

G.N. Ray, J.-Leave granted. Heard learned counsel for the parties.

2. This appeal is directed against judgment dated 17.5.1994 passed by the Division Bench of Calcutta High Court in F.M.A.T. No. 1966 of 1992 allowing the appeal and setting aside the judgment of the Single Bench of the said High Court in the Writ Petition being Civil Rule No. 11360 (W) of 1990.

3. The aforesaid writ petition was made by the respondents Rabindra Nath Sengupta and other petitioners being employees of the State Government who had been allotted government flats and had been paying assessed amounts for such occupation and were enjoying the House Rent Allowance.

4. In order to appreciate the rival contentions of the parties it will be appropriate to note certain facts. After the submissions of Third Pay Commission’s Report, the West Bengal Services (Revision of Pay and Allowance) Rules, 1990 (hereinafter referred to as ROPA Rules) was published. In the writ petition being CR No. 11360 (W) of 1997, the writ petitioners challenged the provisions of House Rent Allowance in the ROPA Rules and the Notification issued in this regard. The ROPA Rules provided for House Rent Allowance to the following effect: