T. N. C. RANGA RAJAN, J.

( 1 ) THIS Writ Petition is directed against the recovery of the House Rent allowance paid to the petitioner.

( 2 ) THE petitioner is a Librarian in Kendriya vidyalaya Her husband is working as a Deputy manager in the State Bank of India, Hyderabad. The petitioner was in receipt of the House Rent allowance since the time she was posted in hyderabad from August, 1989. The Internal audit party obtained the information that her husband was also in receipt of the House Rent allowance and both the petitioner and her husband were residing in a rented accommodation. Therefore, the internal Audit party gave a note on 9-11-1995 stating that since the petitioner s husband was entitled to reimbursement of rent, the House Rent allowance paid to the petitioner by the respondent organisation should be recovered. On the basis of this note, an order was issued on 13-11 -1995 to the petitioner for recovery of rs. 39,421/- being the House Rent Allowance paid to her from August, 1989 to October,1995. The Petitioner contends that this action is untenable as the relevant rule does not authorise the disallowance of House Rent Allowance except where the employee and the spouse share official accommodation and they are government servants. The respondents has filed a counter affidavit justifying the action with reference to Rule 6 (4) of the Appendix X of the Accounts Code of the Kendriya vidyalaya. The learned counsel for the respondents submitted that according to this rule, even if the spouse is a bank employee, the petitioner will not be entitled to House Rent allowance when her spouse was in receipt of the same allowance. The learned counsel for the petitioner has placed before me the general rules and Orders applicable to the Central government servants and stated that this clarified the issue. The undisputed fact is that the petitioner and her husband live in a rented house and that the husband is also paid the House Rent Allowance by the Bank in which he is employed. The question is whether this will preclude the petitioner from claiming the House Rent allowance. Rule 6 (4) provides:"an employee isnot entitled to HRA when his/her spouse has been allotted accommodation at the same station by the central/state Government. Autonomous undertaking Municipality, Port Trust, nationalised Banks or LIC whether he/she resides in that accommodation or not". Obviously, this Rule refers to only a situation where official accommodation is allotted by the employer to one of the spouses. The respondent seeks to apply this Rule even in respect of hired accommodation on the footing that it must be taken to be an official accommodation provided by the bank. I am unable to accept this view because the expression allotted accommodation is well under stood to mean the accommodation belonging to the Institution and allotted to the employee. Where the employee himself takes the House on lease, it cannot be regarded as allotted accommodation merely because the rent is partially reinbursed. We can appropriate this by referring to the analogous rule applicable to the Central government"conditions for drawal of House Rent allowance: 5. (a ). . . . . . . . (b ). . . . . . . . (c) A Government servant shall not be entitled to house rent allowance if i) he shares Government accomodation allotted rent-free to another Government servant; or ii)he/she resides in accommodation allotted to his/her parents/son/daughter by the central Government, State Government an autonomous public undertaking or semi government organisation such as a municipality, Port Trust, Nationalised Banks, life Insurance Corporation of India etc. iii) his wife/her husband has been allotted accommodation at the same station by the central Government, State Government, an autonomous public under taking or semi-Government organisation such as municipality, Port Trust etc. , whether he/ she resides in that accommodation or he/ she resides separately in accommodation rented by him/he

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