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THE HIGH COURT OF GAUHATI (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
VIJAY BISHNOI, N. UNNI KRISHNAN NAIR
Union Of India – Appellant
Versus
Mohan Das, Acio-1/exe, S/o (L) Manchit Das – Respondent
JUDGMENT :
Vijay Bishnoi, C.J.
1. This writ petition is preferred by the petitioners being aggrieved with the order dated 02.05.2023 passed by the Central Administrative Tribunal (hereinafter to be referred as ‘CAT’), Guwahati Bench, in O.A. No.231/2019, whereby the CAT has disposed of the said original application filed by the respondents herein.
2. The CAT in the impugned order has directed the respondents (petitioners herein) to extend the benefit, which was extended to the applicants in O.A. Nos.381/2000 and 267/2017, to the applicants (respondents herein) and grant consequential benefits within four months of receipt of certified copy of this order after verifying their period of posting in Aizawl .
3. The issue involved in this writ petition pertains to grant of House Rent Allowance (HRA) to the Central Government employees working in the office of
the Subsidiary Intelligence Bureau at Aizawl, Mizoram. The respondents herein being the employees of the Subsidiary Intelligence Bureau at Aizawl, filed O.A. No.231/2019 before the CAT raising a grievance that they were getting HRA at the rate applicable to the citie
Central Government employees in the same city must receive uniform House Rent Allowance benefits, preventing discrimination based on department classifications.
Employees of Mizoram University are entitled to House Rent Allowance at 'Y' category rates, as previous court orders and equal treatment principles apply despite city classification.
The main legal point established in the judgment is that accommodation provided by a Central Government autonomous body, such as IGNOU, qualifies as 'Government Accommodation' under Rule 5(c)(iii) of....
HRA is not payable if a government servant's spouse receives government accommodation; recovery of overpaid HRA is valid when claimed through misrepresentation.
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