K.S. Jhaveri, J.—By way of filing this petition the petitioner – original applicant challenged the judgment and order dated 16th April 2004 passed in Original Application No. 268 of 2003 by the Central Administrative Tribunal, Ahmedabad Bench at Ahmedabad whereby the application filed by the petitioner has been partly allowed.

2. The short facts of the present case are that the petitioner was working with Railways and his wife was working as Senior Clerk in G.G. Hospital at Jamnagar, under the State Government. The petitioner’s wife has been provided Government Accommodation within the medical campus of G.G. Hospital, Jamnagar. She was, therefore, not drawing any HRA and was paying Rs. 450 as house rent for the house allotted in the Campus. The petitioner was drawing House Rent Allowance earlier as Railway Servant.

3. The case of the petitioner is that his wife has not been allotted ‘rent free’ accommodation by the State Government and therefore he is entitled for HRA. His case is that as he was a patient and therefore he is living separately in a rented accommodation in the ground floor as he cannot climb the stairs to the second floor accommodation which was allotted to his