DEEPAK ROSHAN
Umesh Prasad – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Deepak Roshan, J.
Heard learned counsels for the parties.
2. The instant writ application has been preferred by the petitioner praying therein for quashing of the letter dated 21.03.2023 (Annexure-7); by which the claim of the petitioner for grant of House Rent Allowance for the period 05.12.2001 to 12.01.2011 has been rejected, though, in the same department other similarly situated persons have been given the benefit after the order passed by this Court.
The petitioner has further prayed for quashing of letter dated 09.05.2023 (Annexure-8); by which the representation of the petitioner for reconsideration of his case in terms of Annexure9, one similarly situated person namely, Manju Verma being W.P.(S) No. 1418 of 2017 of the same department, in whose case the impugned order (Annexure-10) was withdrawn by the respondent and she was given the benefit of HRA, but in the case of the petitioner the representation for reconsideration has been rejected.
3. The brief facts of the case is that the petitioner was appointed in 1978 as a Steno Typist in the Department of Labour, Employment and Training and retired on 30.06.2012 from the office of Deputy Labour Commissioner, Jamshedpur
Government employees paying rent directly to private entities are entitled to House Rent Allowance, and denying it based on discriminatory practices is unconstitutional.
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 w....
House Rent Allowance is contingent upon the acceptance of government accommodation; failure to occupy within 15 days results in forfeiture of HRA.
HRA is not payable if a government servant's spouse receives government accommodation; recovery of overpaid HRA is valid when claimed through misrepresentation.
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....
The main legal point established in the judgment is the interpretation and application of the Coal India Executives House Rent Allowance Rules, specifically highlighting the employee's eligibility fo....
The ruling affirmed entitlement to House Rent Allowance pending appeal outcomes, reflecting adherence to prior judicial determinations.
The court held that the right to House Rent Allowance is contingent upon the outcome of a pending appeal while necessitating timely payment of due allowances.
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