ORDER Per: - Rajinder Singh Dogra, Judicial Member

1. The applicant has filed the present Original Application under Section19 of the Administrative Tribunals Act, 1985 seeking the following reliefs: -

a) “Prayer seeking quashing of Govt. Order No. 185-F of 2010 dated 07.06.2010 and also quashing the communication dated 02.07.2010 issued by the respondent no. 3 & 4 to the extent it is being made applicable to the applicant on the wrong interpretation of law and facts.

b) Prayer seeking direction upon the respondents particularly respondent no.5 to release House Allowance Rent (HRA) in favour of the applicants, on the same analogy and at par with the other similarly situated employees of the school education department, Jammu.

c) Prayer seeking direction upon the respondents to release the arrears of HRA due to the applicants from the date same have accrued and till the time the same are paid to them, in the given facts and circumstances of the case.

d) Such other appropriate relief which this Hon'ble Tribunal may deem fit and proper in the given facts and circumstances of the case be issued in favour of the applicant and against the respondents.

2. The facts of the case as averred by the applicants in their pleadings, are as follows: -

a) The applicants, who are citizens of India and permanent residents of the Union Territory of Jammu and Kashmir, are substantive employees of the School Education Department and are presently posted in Government Middle School, Ghou Manhasan, Zone Marh, District Jammu. They have approached this Tribunal under Section 19 of the Administrative Tribunals Act, 1985 seeking quashing of Government Order No. 185-F of 2010 dated 07.06.2010 and the consequential communication dated 02.07.2010 issued by the Joint Director, Accounts and Treasuries, Jammu, to the extent the same have been made applicable to them, and for a direction to the respondents to release House Rent Allowance (HRA) along with arrears.

b) The applicants submit that under the Jammu and Kashmir Civil Services (House Rent Allowance and City Compensatory Allowance) Rules, 1992, Government servants whose place of duty falls within the qualifying limits of a city are entitled to draw House Rent Allowance and City Compensatory Allowance irrespective of the place of residence. The said rules were amended from time to time and the Finance Department issued SRO 95 dated 15.04.2009 and later SRO 226 dated 28.05.2010, whereby the rate of HRA payable to Government employees was revised. As per the revised structure, employees falling under the “Y” category were entitled to HRA at the rate of 17.5% of basic pay with effect from 01.06.2010 and thereafter 20% from 01.06.2011 onwards.

c) According to the applicants, prior to the impugned action they were continuously receiving HRA in accordance with the aforesaid statutory rules. The institutions where they were posted had historically been treated as falling within the qualifying area for payment of HRA, and employees working in those institutions were drawing the allowance without interruption. The applicants contend that their place of posting falls within a distance of approximately 5.5 kilometers from the periphery of the Jammu Municipal limits, which is within the prescribed radius of 8 kilometers, and therefore they are entitled to the same rate of HRA as admissible to employees working within Jammu city. They rely upon certificates issued by the Executive Engineer, PWD (R&B) Division Satwari to establish the distance between Government Higher Secondary School Ghou Manhasan and the municipal limits.

d) It is further pleaded that despite the statutory rules governing the field, the Finance Department issued Government Order No. 185-F of 2010 dated 07.06.2010, directing Treasury Officers of Jammu City and adjoining treasuries to stop payment of HRA in respect of Drawing and Disbursing Officers whose offices were located outside the prescribed limits of Jammu Municipal Corporat