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 sha

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