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2011 Supreme(AP) 712

V.V.S.RAO, K.G.SHANKAR
Kodali Vani – Appellant
Versus
Kendriya Vidyalaya Sangathan, represented by its Commissioner – Respondent


Advocates appeared:
For the Petitioner:D.Ramalinga Swamy, Advocate.
For the Respondents:B.Lakshmi Narasimha Sarma, Standing Counsel for Kendriya Vidyalaya Sangathan, Advocate.

Judgment :-

V.V.S.Rao, J.

1. The petitioner is aggrieved by the order dated 17.12.2009 in O.A.No.804 of 2009 passed by the Central Administrative Tribunal, Hyderabad Bench whereby and whereunder the application filed by the petitioner for a direction to respondents not to withhold House Rent Allowance (HRA) on the basis of letter of allotment of an official quarters, duly declaring the said proceedings issued by the third respondent as illegal and arbitrary, was dismissed.

2. The petitioner is working as Lower Division Clerk in Kendriya Vidyalaya School (hereafter, the School) run by Kendriya Vidyalaya Sangathan (KVS), which is a fully financed Government of India Organization registered under the Societies Registration Act, 1860. Her husband is working in the Office of the Assistant Commissioner, KVS. Statedly she is staying in her own house, which is at a distance 3 KMs from the School since 1991. By a letter dated 27.8.2009, the third respondent allotted one of the eleven quarters within the premises of the School to the petitioner. In response thereto, the petitioner sent a letter dated 31.8.2009 declining to accept the allotment of quarter on the ground that she is staying with































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