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IN THE HIGH COURT OF TRIPURA AT AGARTALA
S. DATTA PURKAYASTHA
Oshihar Prasad S/o Shri Akshay Lal Mahto – Appellant
Versus
Union of India, Rep. by the Secretary, New Delhi – Respondent
JUDGMENT :
S. DATTA PURKAYASTHA, J.
1. Heard Mrs. Sujata Deb (Gupta), learned counsel appearing for the petitioner. Also heard Mr. B. Majumder, learned Dy. SGI appearing for the respondents.
2. The admitted facts involved in this case are that the petitioner was originally posted at 84 Bn BSF, Seema Nagar, South Bengal. He was relieved from the said Battalion vide movement order dated 20.06.2021 on his transfer to Tripura and he joined at Headquarters Tripura Frontier BSF, Salbagan on 02.07.2021. While posted in 84 Bn BSF at Seema Nagar, South Bengal, the petitioner was allotted Government Type-III quarter at Seema Nagar by the authority of 84 Bn BSF from 11.07.2018 till he vacated the same on 19.06.2021 and on vacation of his Government quarter, he shifted his family to his own house at New Delhi.
3. Thereafter, on 31.08.2021, the petitioner submitted one application for grant of additional HRA (Annexure 6) for shifting his family from last place of posting to New Delhi on his transfer to non-family locations like North-Eastern region. Petitioner claimed additional HRA on the basis of Office Memorandum dated 22.01.2019 issued by the Under Secretary to the Govt. of India, Ministry of H
The court ruled that the entitlement to additional HRA is based on the date of joining at the new posting, not on the timing of vacating quarters.
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....
House Rent Allowance is contingent upon the acceptance of government accommodation; failure to occupy within 15 days results in forfeiture of HRA.
Double House Rent Allowance is not applicable unless the employee's family resided with him at the last posting prior to transfer to the north-eastern region.
Point of law: Framing a Scheme, under which the petitioner is not eligible, the plea that similar directions need to be issued to Airports Authority of India, is unmerited and is rejected.
An employee's retirement benefits cannot be withheld due to family occupation of allotted quarters when the retirement process was followed.
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....
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