HRA ceases upon government accommodation offer, regardless of refusal or prior house construction; no indefeasible right exists.

ORDER

Hon’ble Mr. Manish Garg, Member (J) :

Highlighting the facts of the case, learned counsel for the applicant submitted that the applicant was appointed as Junior Clerk on 09.11.1983 and deputed at IARI, Regional Station, Bhowali, which was taken over by National Bureau of Plant Genetic Research, Pusa Campus, New Delhi on 01.04.1986. As Government accommodation was not available at Bhowali despite processing of his case no quarter could be allotted, and in the meantime he was transferred to Srinagar in June 1999 where he joined in July 1999, thereafter on account of difficulties he sought and was granted transfer back to ICAR-NBPGR Regional Station, Bhowali in February 2000. Facing continued hardship due to non-availability of Government accommodation at Bhowali he applied through proper channel for House Building Advance for acquiring a house, which was duly sanctioned and released on 15.12.2004. Subsequently, vide office order dated 20.04.2011, the Director approved allotment of Type-III accommodation to the applicant as per his seniority, which he received, but he submitted a the said allotment. The said representation, reads as under:

“Sub: Application for cancellation of Allotment of Type-Ill Govt. Residence to Shri N. S. Patwal, Assistant Administrative Officer.

Sir:

Please refer to letter· No. 32-129/86/Bhawali/Estate/ Part!Vol-1/123 dated April 20, 2011 of Assistant Administrative Officer, ICAR Bureau, New Delhi by which I was allotted Type-Ill Staff Quarter. In this context, I am requesting ·to cancel the aforesaid allotment as follows:

1. With the permission of the department, I have taken an advance of Rs.163500/- for construction of my own house after· purchasing a plot in Bhowali from the headquarters through bill no. 222 dated 18.01.2005 and approval of which was received vide letter no. 22-150/2004-05 dated 15.12.2004 (copy enclosed). House building advance is being deducted from the salary bills at Rs. 866/- (68/180 Inst.) per month.

2. In this way, even before the construction of staff quarters at this center, I had got my own house constructed. Now I am living there with my family. Now I don't need government accommodation inside the campus. Thus no possession has been taken. Therefore, it is requested that deduction of house rent/license fee should not be· recovered from my salary bills. Therefore, considering the above reasons, my allotment of government accommodation should be canceled after considering it sympathetically.”

1.1. Learned counsel further submitted that the representation dated 03.05.2011 seeking cancellation of the allotted Type-III accommodation was duly processed at the appropriate level; however, no formal order of cancellation was ever issued.

1.2. Learned counsel further drew our attention to Annexure A-7 of the O.A, which reads as under:

“Sub: Payment of balance amount of HRA regarding.

Sir/Madam

It is submitted that GOI MH & UA, DE's letter No. 12034/1/2019-Pol.lll dated 08.04.2018 and ICAR, Krishi Bhavan, New Delhi's letter No. GAC-21·16/2019 CDN dated 2 Aug. 2019 and As per the instructions of Director, ICAR- NBPGR Bureau Pusa Campus New Delhi's letter no. 32- 129/86/Bhowali/ Estate/2185 dated 30.Aug.2019 2019, the HRA of the officers and employees working in the Regional Center Bhawali has been implemented from 05.03.2019.

Sir, in this regard the undersigned/applicant wants to inform that the applicant has received the payment of Rs.35,033/- out of Rs.3,41,054/- from the month of May, 2011 to August 2019. That means the balance amount of Rs.3,41,054- 35,033=3,06,021/- has been left to be paid.

Since the applicant was living in his own constructed residence/house by taking HBA/Hous