Implied refusal to occupy provided accommodation and failure to seek permission to reside elsewhere can lead to denial of House Rent Allowance.

JUDGMENT :

Dharam Chand Chaudhary, J.

The petitioner initially was engaged as a Beldar on daily wage basis by respondent No.3 in the year 1981. He was regularised as such on 18.1.1997, vide Order Annexure A-1, in the pay-scale of Rs. 750-1410, with effect from 1.4.1995, with all consequential benefits. He joined as such in Govt. Food Grain Godown at Dehra. Subsequently, the petitioner, vide order dated 26.2.2001 of respondent No.2, was transferred and posted as Godown Chowkidar in Food Grain Godown, Nagrota Bagwan. Consequently, he reported for duties there. Later on, he made a representation to the third respondent, with a request to release House Rent Allowance (HRA) as per his entitlement.

2. On representation of the petitioner, the Inspector Food and Supplies, Nagrota Bagwan, made an endorsement that the petitioner had not occupied the Chowkidar Hut and that the said hut was being used for storing old record since long, but the same had adequate facility for being occupied by anyone. The representation of the petitioner was forwarded to the third respondent vide Annexure A-2. According to the petitioner, irrespective of the Inspector, Food & Supplies, Nagrota Bagwan having made endorsement to the effect that the Chowkiodar hut was not vacant and rather was being used as record room since long and moreover there was no adequate facility in the said hut for being occupied by anyone, he was denied the payment of HRA, informing him vide Annexure A-4 that such allowance was not admissible to him as he was entitled to occupy earmarked accommodation existing there and also that he had never sought permission to occupy private accommodation at Nagrota Bagwan.

3. Petitioner then filed reply Annexure A-5 to Annexure A-4, on which the second respondent, vide Annexure A-6, directed the third respondent to settle the dispute at his own level. The third respondent ultimately denied the payment of HRA to the petitioner vide Annexure A-7, on the ground that he had not stayed in any private accommodation at Nagrota Bagwan and rather used to go to his native place daily.

4. Further grievance of the petitioner is that he was not released the benefit of proficiency step-up on completion of 8 years service, in terms of Clause 2(i)(a)&(b) of the Assured Career Progression Scheme (Annexure A-8).

5. In view of the above submissions, the petitioner has sought the following reliefs in this petition, which initially was filed before the erstwhile Himachal Pradesh Administrative Tribunal and on its abolition came to be transferred to this Court for disposal:

"i) that the respondents may be directed to release the arrears of HRA w.e.f. April 2001 to Sept. 2003 forthwith.

(ii) That the orders dated 18.3.2004 vide Annexure A-7 issued by the respondent No.3 denying arrears of HRA may kindly be quashed and set aside.

(iii) That the respondents may be directed to release the benefit of proficiency increment and higher scale after 8 years of service from 1.4.2003 (as applicant served under the respondent No.3 trill Sept. 2003 before coming to the HPAT on secondment) with all arrears forthwith.

(iv) That the respondents may be directed to release of HRA and the pay fixation benefit under ACP scheme alongwith interest from the due dates @ 18% per annum till realisation forthwith."

6. In reply, the respondents have come up with the version that the ear-marked rent free accommodation was available at Nagrota Bagwan, but the petitioner intentionally did not occupy the same and rather used to go to his native place everyday, without seeking permission of the competent authority. Annexure R-1 to the reply is relied upon in this behalf.

7. As regards the benefit of ACP Scheme, it is submitted that on regularisation of the petitioner as Godown Chowkidar w.e.f. 1.4.1995, he resumed is duties on 29.1.1997, after production of a medical fitness certificate as required under FR-10 (Chapter -I II of FRSR Part-I General Rules), Annexure R-2 and eight years service, mandatory for gra