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SANDAHANI NATH – Appellant
Versus
THE STATE OF ASSAM AND 2 ORS – Respondent


Advocates:
['D N SARMA', '', 'MD R ISLAM', 'SC', 'HIGHER EDU', '', 'FINANCE']

ORDER

Date : 29-07-2019 Heard Mr. D.N. Sarma, learned counsel for the petitioner. Also heard Mr. K. Gogoi, learned Standing Counsel for the Higher Education Department as well as Mr. R. Borpujari, learned Standing Counsel for the Finance Department.

2. The claim made in this petition is for grant of House Rent Allowance (in short, HRA) in favour of the petitioner.

3. In this petition, the petitioner is presently serving as an Assistant Professor in the Department of Sanskrit, Gurucharan College, Silchar. The husband of the petitioner is also serving as a Postal Assistant under the Postal Department, Government of India and they are staying together in Silchar.

4. It is an admitted position that the petitioner’s husband is drawing HRA. However, learned counsel for the petitioner submits that the petitioner is also entitled to HRA in terms of the OM dtd. 08.11.1988 issued by Director (E.G.), Ministry of Finance, Department of Expenditure, Govt. of India in which it has been provided that there should be no restriction imposed regarding drawal of HRA only on the ground that the husband/wife is also Government servant and is living together in the hired/ owned accommodation. In such cases,

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