The petitioner's claim for double HRA was dismissed as he was not entitled to it under the relevant office memorandums. The court also held that the petitioner's absence for an Associateship could not be regularized without leave as he had left without formal approval.

By means of this writ petition the petitioner has urged this court for quashing the memorandum F.No.NITA.2.1(246-Estt.)/2008/6423-26 dated 20.09.2013 [Annexure-11 to the writ petition] refusing to grant double House Rent Allowance (HRA in short) and for directing the respondents to allow the petitioner his home town HRA as well as the HRA in the place of his posting, known as double HRA w.e.f. 03.10.2008 when the petitioner had joined the National Institute of Technology, Agartala as a Professor in the Department of Civil Engineering on lien from the previous organization namely Biju Pattnaik University of Technology (in short, BPUT), Bhubaneswar, a Technology Institute of Government of Orissa.

2. The petitioner has further urged this court to quash the decision contained in the letter dated 02.06.2014 [Annexure-40 to the writ petition] written by the Director, NIT Agartala whereby the petitioner was advised to apply for the leave for the period of absence from 11.07.2013 to 19.08.2013 so that the absence can be regularized. In this regard, the petitioner has further urged this court to treat the Note No.51 of the Director, NIT Agartala, dated 01.10.2013 [Annexure-38 to the writ petition] as final and as corollary thereto, the petitioner has further urged to declare that he is entitled to his full salary and HRA with interest for the period of availing the DBTs National Associateship Awards and to treat the period of Associateship as on deputation, instead of leave out of his credit. Since the period from 01.07.2013 to 19.08.2013 has not been regularized as yet, the petitioner’s salary has been held up by the respondents and in this context the petitioner has further urged this court for directing the respondents to release the leave salary and pension contribution relating to the petitioner to his previous employer, BPUT, Bhubaneswar with interest for the overdue contribution as per FR 119.

3. The petitioner who was employed earlier in BPUT, Bhubaneswar has been appointed as the Professor in the NIT Agartala in terms of the offer of appointment under No.F.NITA-2(224-Estt.) 2008/2273 dated 25.07.2008. According to the petitioner, he was released from BPUT, Bhubaneswar by the memorandum dated 29.09.2008 and joined the NIT Agartala on 03.10.2008.

4. The NIT Agartala being a Central Government Institution is guided by the policies and the rules of the Central Government in respect of salary, HRA, LTC etc. The petitioner has averred in the writ petition that the Central Government employees from outside the North Eastern Region is posted in the region and maintain their families in the rented houses or in their own houses at the last place of posting outside the North Eastern Region, they are be entitled to HRAs admissible to them at the old rate and also at the rate admissible at the new place of posting in case they live in the hired private accommodation irrespective of whether they have claimed transfer TA for family or not, subject to the condition that the hired private accommodation or owned house at the last station of posting is put to bona fide use of the members of the family. In this regard, the office memorandum being OM No.2(38)/2001-EII(B) dated 24.09.2003, OM No. 2(13)/2008-EII(B) dated 24.08.2008 and OM No.11016/1/EII(B)/84 dated 29.03.1984 issued by the Department of Personnel and Training, Government of India have been relied from the Swamy’s Hand book 2010 to show that the petitioner is entitled to two HRAs.

5. To illustrate the case further, in Para 3 of the writ petition the petitioner has averred that double HRAs or two HRAs were provided to Professor P.K. Bose, former Director, NIT Agartala in terms of the said rules and guidelines. Professor Bose used to get 30% of his basic pay as his old station/home station HRA in addition thereto he was getting HRA @ 10% of his basic pay for residing at his working place at Agartala according to the Central Govt. guidelines for N-E Region States. The peti