Recovery of excess HRA impermissible from Class III/IV employees without fault, when paid per employer's order later cancelled; authorities responsible for erroneous disbursement cannot recover retrospectively.

ORDER

As the subject matter in all the connected O.As are one and the same and the relief/s sought by the applicants are similar, merely having different dates and events would not in any way disturb the ultimate finding to be given by this Tribunal. Therefore, as requested by the counsel for either sides, all the O.As have been heard together and decided by a common order. For ready reference the facts of the O.A No. 193/2020 are taken.

2. These original applications have been filed under section 19 of Administrative Tribunals Act 1985 seeking relief to set aside the Daily Order part -1 No. 20/AD dated 30.01.2020, Daily Order Part-I No. 18/AD-1 dated 31.01.2020 and Daily Order Part-I No. 17/AD dated 31.01.2020 respectively passed by the respondent no. 5 and to issue order restraining the respondents from taking coercive action and recovery of HRA from the applicants w.e.f. 07.03.2004. Prayer has also been to issue direction to the respondents to grant all consequential benefits to the applicants ignoring the orders dated 30.01.2020, 31.01.2020 and 31.01.2020 respectively.

3. The facts of the case, in brief, are that they are all class III and IV civilian employees in the office of the Controlletrate of Quality Assurance (General Stores), Kanpur which is one of the units of the Ministry of Defence and vide the aforesaid impugned orders, the respondents have proposed a recovery of non- entitled HRA as per directions of HQ DGQA in two phases. The contention of the applicants is that they have not committed any fraud or mistake or mischief and manipulated the disputed amount of so called non-entitled HRA. In support of their case, the applicants stated that in the department, there was rule that if the government accommodation is not provided to an employee and a certificate of non-accommodation is given, such employees were entitled for HRA but as procedures were not laid down hence, the Ministry of Defence, DGQA/ADM/RMD (CW) vide order dated 13.06.2005 No. 81397/DGQA/ADM/RMD (CW) had decided that till procedure for regulation of grant of “no accommodation” certificate is finalized, HRA shall be paid to all employees who are not in possession of government accommodation till further orders and those denied HRA in the intervening period from issue of the order till date of this clarification shall also be paid HRA denied on the ground of not submitting “no accommodation” certificate. As the applicants had not been provided any accommodation, therefore, in the light of the aforesaid order, without a “no-accommodation” certificate, they were granted HRA by the competent authority and they utilized the same for obtaining their private accommodation.

4. Subsequently, the respondents issued order no. 86710/DGQA/ADM/RMD (CW) dated 16.03.2018 providing guidelines relatable to allotment of entitled accommodation of grant of HRA to civilian employees in DGQA and also regarding issuance of “no accommodation” certificate etc. The respondents also issued another order No. A/97401/Complaint/JJ/DGQA (Vig. Cell)/PC dated 03.05.2018 whereby the authorities were asked for examining certain cases involving drawl of HRA by DGQA officers in contravention of the existing guidelines on the subject and to recover the HRA forthwith in such cases where same has been drawn wrongly. Thereafter, the respondents vide order dated 06.10.2008 bearing no. A/81397/DGQA/ADM/RMD (CW) cancelled the office note dated 13.06.2005 mentioning therein that the grant of HRA to DGQA civilian employees will be made in accordance with SRO 31