Andhra Pradesh High Court
Judges : B.V.RANGA RAJU, S.PARVATHA RAO
C.Suresh Patnaik - Appellant
Versus
Government Of A.P.rep., by its Chief Secretary, Hyderabad - Respondent
Decided On : 12-09-96
Andhra Pradesh Public Employment (House Rent Allowance) Rules, 1988 - Sub-Rule (1) of Rule 2 - Service seeking directions - rental or maintenance for the houses allotted - the House Rent Allowance at the rates admissible - WRIT Petition No. 800 of 1995 is preferred by the Andhra Pradesh Judicial officers Association ( the Association for short) seeking a Writ of Mandamus"declaring that the Andhra Pradesh Public Employment (House Rent allowance) Rules, 1988 in so far as they relate to the non-payment of House rent Allowance to the members of the petitioner-Association are concerned as not applicable and to further declare that the members of the petitioner- association are entitled to receive the House Rent Allowance at the rates admissible at the places of their respective working with effect - He refers to G. O. (P) No. 19, Finance and Planning (FW. PC. II) Department dated 19-1-1994 under which H. R. A. , was fixed and Sub-Rule (1) of Rule 2 of the Andhra Pradesh Public Employment (House Rent Allowance) Rules, 1988 (for short "the Rules") was amended with effect from 1-1-1994 by providing for payment of H. R. A. , as follows:" (A) @ 20% of the pay in Twin Cities of Hyderabad and Secunderabad, visakhapatnam, Vijayawada, Warangal, Guntur, Rajahmundry, nellore, Kakinada, Tirupathi, Nizamabad, Eluru, Cuddapah and ramagundam; (b) @ 12 1/2% of pay in all District Head Quarters of the State except those specified above; and (c) @ 10% of pay in all other places not covered supra - Held, A weak contention is also advanced on behalf of the petitioners that the Rules do not provide for deduction of any percentage towards rent and that therefore, the same cannot be deducted when H. R. A. , is denied to them under the Rules. But the deduction towards rent is under F. R. 45-A-IV (b), which reads as follows:"f. R. 45-A-IV: When a Government supplies an officer with a residence leased or owned by Government, the following conditions shall be observed: (a ). . . . . . . . . . . . . . . , (b) Unless in any case it be otherwise expressly provided in these rules, he shall pay (i) rent for the residence, such rent being the standard rent as defined in clause III above or 10 per cent of his monthly emoluments, whichever is the less, and (ii) municipal and other taxes payable by Government in respect of residence not being in the nature of house or property tax. "it is not in dispute that the rent that is being deducted in respect of quarters allotted to the petitioners is standard rent or 10% of the monthly salary - We need not say anything in this regard because this deduction is less than what is mentioned by the Supreme Court in the first and Second AIJA cases - Petitions dismissed
( 1 ) ALL these Writ Petitions except Writ Petition No. 800 of 1995 are preferred by various judicial Officers belonging to Andhra Pradesh Higher Judicial service and Andhra Pradesh State Judicial Service seeking directions to the respondents in these Writ Petitions to pay House Rent Allowance (for short h. R. A. ) to them; some of them in the alternative seek directions to the respondents not to deduct any amount towards rental or maintenance for the houses allotted by the Government and occupied by them.
( 2 ) WRIT Petition No. 800 of 1995 is preferred by the Andhra Pradesh Judicial officers Association ( the Association for short) seeking a Writ of Mandamus"declaring that the Andhra Pradesh Public Employment (House Rent allowance) Rules, 1988 in so far as they relate to the non-payment of House rent Allowance to the members of the petitioner-Association are concerned as not applicable and to further declare that the members of the petitioner- association are entitled to receive the House Rent Allowance at the rates admissible at the places of their respective working with effect from 1-4-1994"etc. The General Secretary-cum-Treasurer of this Association gave affidavit in support of this Writ Petition. He states that 700 officers of the Andhra pradesh Judicial Service, both Higher and Subordinate Judiciary in the cadres of District Judges, Subordinate Judges and District Munsifs are its members. He refers to G. O. (P) No. 19, Finance and Planning (FW. PC. II) Department dated 19-1-1994 under which H. R. A. , was fixed and Sub-Rule (1) of Rule 2 of the Andhra Pradesh Public Employment (House Rent Allowance) Rules, 1988 (for short "the Rules") was amended with effect from 1-1-1994 by providing for payment of H. R. A. , as follows:" (A) @ 20% of the pay in Twin Cities of Hyderabad and Secunderabad, visakhapatnam, Vijayawada, Warangal, Guntur, Rajahmundry, nellore, Kakinada, Tirupathi, Nizamabad, Eluru, Cuddapah and ramagundam; (b) @ 12 1/2% of pay in all District Head Quarters of the State except those specified above; and (c) @ 10% of pay in all other places not covered supra. "
( 3 ) HE also refers to G. O. (P) No. 20, Finance and Planning (FW. PC. II) department dated 19-1-1994 providing for recovery of rent in respect of government quarters allotted to Government employees as standard rent fixed in accordance with Fundamental Rule 45-A-IV (b) or 10% of the emoluments, whichever is less, with effect from 1-1-1994. He states that in respect of the members of the Association who have been allotted Government quarters which are occupied by them, the Government of Andhra Pradesh has been withholding H. R. A. (fixed) under Rule 2 (1) of the Rules as amended by G. O. (P) No. 19 dated 19-1-1994 and also at the same time recovering rent under G. O. (P) No. 20 dated 19-1-1994. It is contended on behalf of the association that the Rules applicable to State Government employees for payment of H. R. A. , are not applicable to the members of the Association, who are a separate class and that therefore they are entitled to be paid H. R. A. , under Sub-Rule (1) of Rule 2 of the Rules notwithstanding the fact that they have been allotted Government quarters for which they are paying rents as per the applicable Rules. Similar contentions are raised by the petitioners in the other Writ Petitions.
( 4 ) THE main plank on which the petitioners rest their claim made in these writ Petitions is the decision of the Supreme Court in All India Judges association vs. Union of India (first AIJA Case) which was reviewed subsequently in All India Judges Association vs. Union of India (Second AIJA case ). One of the directions given by the Supreme Court in the First AIJA case is that:"residential accommodation to every Judicial Officer has to be provided and until State accommodation is available, Government should provide requisitioned accommodation for them by 31-12-1992. In providing residential accommodation, availability of an o
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