Pranab Kumar Chattopadhyay, J.

By Consent of the parties, we have heard both the appeal and the connected application wherein we are to decide mainly whether the appellant/petitioner is entitled to get full House Rent Allowance notwithstanding the fact that her husband is also drawing House Rent Allowance from his employer.

The appellant herein was appointed as a Junior Assistant in Vidyasagar University in the year 1989 and subsequently, she was promoted to the post of Senior Assistant. The husband of the appellant is an employee of Indian Oil Corporation and now posted at Paradip in the State of Orissa. In terms of Memorandum being No. 1691-F dated 23rd February, 2009 issued by the Finance Department, Audit Branch, Govt. of West Bengal, the house rent allowance admissible to a Government employee with effect from 1st April, 2009 is 15% of the revised basic pay subject to a maximum of Rs. 6000/-permonth. The ceiling of house rent allowance drawn by the husband and the wife together has also been raised to Rs. 6000/-per month. The logic behind the aforesaid ceiling is that the husband and the wife are expected to reside under the same roof and, therefore, house rent allowance if provided to one would also cover the need of the other.

In the present case, the appellant and her husband are unable to share the same roof since the husband of the said appellant is posted at a different place outside the State of West Bengal. The principal questions raised before us for consideration are:-

a) Whether the appellant/petitioner is entitled to get full House Rent Allowance irrespective of the fact that her husband is drawing House Rent Allowance from his Employer.

b) Whether different provisions have been made in the concerned Revision of Pay & Allowance Rules for an employee who lives with his/her spouse in same house with those where the spouse lives in separate accommodation.

The learned advocate representing the respondent University Authorities submitted that the employees of Vidyasagar University are governed by the rules regarding grant of House Rent Allowance as provided by the State of West Bengal. The relevant extracts of the existing House Rent Allowance Rules as mentioned in the memorandum no. 1691-F dated 23rd February, 2009 issued by the Finance Department, Govt. of West Bengal are set out hereunder :-

“House Rent Allowance – With effect from the 1st April, 2009, the house rent allowance admissible to a Government employee shall be 15% of his revised basic pay i.e. aggregate of the Band Pay plus Grade Pay and NPA, if any, in the revised Pay Structure subject to a minimum of Rs. 6000/- per month. The ceiling of house rent allowance drawn by husband and wife together shall also be raised to Rs. 6000/- per month.”

Ms. Debjani Sengupa, learned advocate of the University Authorities submitted that there is no separate provision for those employees whose spouse are staying in a separate accommodation. Ms. Sengupta further submitted that no challenge has been drawn to the aforesaid provision regarding grant of House Rent Allowance. Ms. Sengupta further submitted that the provision regarding grant of House Rent Allowance in Revision of Pay & Allowance Rules is clear and specific and the portion of House Rent Allowance to which the petitioner is entitled to is dependant upon the amount of House Rent Allowance drawn by her spouse. The maximum limit of House Rent Allowance drawn by husband and wife together is Rs. 6000/- per month. Petitioner can not import word in between the lines of the Rules so as to interpret it in a favourable manner for getting House Rent Allowance.

Mr. Manoranjan Jana, learned advocate of the State Respondents also referred to the aforesaid memorandum dated 23rd February, 2009 issued by the Finance Department, Govt. of West Bengal wherein the ceiling of House Rent Allowance applicable to husband and wife together is Rs. 6000/- per month. Mr. Jana submitted that the University Authorities have ri