The main legal point established in the judgment is that the petitioner's claim for house rent allowance was found to be within the prescribed time, and the rejection of the claim based on Rule 104 was not sustainable.

JUDGMENT :

Heard Mr. Afaque Ahmad, learned counsel appearing on behalf of the petitioner.

2. Heard Mr. Sudarshan Shrivastava, learned counsel appearing on behalf of the respondent nos.7 and 8.

3. Heard Mr. Binit Chandra, learned counsel appearing on behalf of the other respondents.

4. This writ petition has been filed for the following relief :

(a) “For quashing the letter no.274 dated 11.7.2009 issued by the Deputy Commissioner, Jamtara, whereby the petitioner has been directed to deposit a sum of Rs.69,275/- with 12% interest; total amount being Rs.85,718/- being the amount of House Rent Allowance for the period from March, 2005 to 12th November, 2008 being completely illegal and arbitrary (as contained in Annexure – 9 to this writ application).

(b) For holding and declaring that the petitioner is entitled to the admissible House Rent Allowance at the rate of 5 % of his basic pay for working on the post of President, District Consumer Forum, Jamtara.

(c) For any other appropriate relief(s), for which the petitioner may be found entitled in law and equity.

(d) For quashing letter no.197 dated 19.05.2009 issued from the office of the Deputy Commissioner, Jamtara under the signature of the Deputy Collector, Establishment whereby and whereunder the claim regarding house rent allowance of the husband of the petitioner has been rejected (as mentioned in Annexure – 8 of the writ application vide I.A. No.1882 of 2021.

(e) For quashing letter no.1394 dated 27.04.2009 issued by the Additional Finance Commissioner, Finance Department, Government of Jharkhand, Ranchi whereby and whereunder the claim regarding house rent allowance of the husband of the petitioner (original petitioner) has been rejected as contained in Annexure – 12 of the interlocutory application (vide I.A. No.1461 of 2022).”

Arguments of the Petitioner

5. This writ petition was originally filed challenging letter no.274 dated 11.07.2009 (Annexure-9) issued by the Deputy Commissioner, Jamtara whereby the petitioner was directed to deposit a sum of Rs.69,275/- with 12% interest total being Rs.85,718/- being the amount of house rent allowance for the period from March, 2005 to 12th of November, 2008 and the petitioner also sought for a declaration that the petitioner is entitled to admissible house rent allowance @ 5 % of his basic pay for working on the post of President, District Consumer Forum, Jamtara.

Annexure – 8 dated 19.05.2009, whereby the petitioner was asked to deposit the aforesaid amount is also under challenge.

Annexure – 12 which is letter no.1394 dated 27.4.2009 issued by Additional Finance Commissioner, Finance Department, Government of Jharkhand, whereby the aforesaid claim has been rejected in view of Rule 104 of the Financial Rules stating that though the original petitioner was appointed as President, Jamtara District Consumer Forum vide letter dated 01.02.2004, but at that point of time, the petitioner did not make claim of house rent allowance before the Accountant General in proper time.

6. The learned counsel for the petitioner while assailing the impugned orders contained in Annexures-8, 9 and 12 has submitted that it is not in dispute that the original petitioner was appointed as President in the District Consumer Forum, Jamtara and joined on 01.02.2004. He submits that it has been mentioned in the writ petition that he made a representation that the pay slip was not issued to the original writ petitioner and the original writ petitioner received the pay slip for the first time only on 16.03.2005. Thereafter, within 3 years, the original petitioner wrote letters to the Accountant General (A & E) Jharkhand (respondent no.7) dated 24.09.2007 and 07.07.2008 requesting the said authority to issue a fresh pay slip incorporating the house rent allowance and conveyance allowance and subsequently, on 16.09.2008, the Deputy Collector Establishment, Jamtara had asked for some papers and documents including new pay slip. Consequently, the petitioner again requested the