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2002 Supreme(Jhk) 1009

Tapen Sen, J.
Smt. Saroj Singh & Ors. – Petitioners
Versus
The State of Bihar & Ors. – Respondents
C.W.J.C. No. 2579 of 1994 (R)
Decided on : 11.9.2002

Advocates appeared:
For the Petitioners: Mr. Saurav Arun.
For the Respondents: Mr. P. Modi.

Headnote:Service Law – HRA – entitlement to only one person (either husband or wife) of house rent allowance direction given to appropriate authority for acting strictly in accordance with law as per decision given of Smt. Abla Biswas [1995(2) PLJR 34] application disposed off. (paras 2 to 5)

JUDGMENT

Tapen Sen. J.--Heard Mr. Saurav Arun, learned counsel for the Petitioners and Mr. P. Modi, learned G.P.I.

2. The grievance of the Writ Petitioners in this case is that on account of the order dated 13.4.1993 as contained at Annexure-2 to the writ application, only one of the persons i.e. either the husband or the wife is entitled to House Rent Allowance. The learned counsel for the Petitioners has consequentially prayed for quashing of the order dated 13.4.1993. The Petitioners have also made a prayer for a direction upon the Respondents to act strictly in terms of the Bihar State Employees (House Rent Allowances) Rules, 1980 and to release the said allowance from October, 1993 including current House Rent Allowances. The parties, therefore, agree that the basic grievance of the Writ Petitioners in the instant case relates to nonpayment of House Rent Allowance.

3. The aforementioned point has already been decided in the case of Smt. Abla Biswas @ Smt. Abla Ghosal and others VS. The State of Bihar and others reported in 1995 (2) P.L.J.R. 34.

4. In that view of the matter the impugned order as contained at Annexure-2 is hereby set aside. This Court gives liberty to the Petitioners to file a representation before the appropriate authority who will act strictly in accordance with law and will pass a reasoned order within a period of two weeks from the date of receipt of such representation.

5. With the aforementioned observations/directions this writ application is disposed off. However, there shall be no order as to costs.


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