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, normal amount of HRA may be granted to them as per their entitlement subject to fulfillment of other conditions for drawal of the allowances. The said OM dtd. 08.11.1988 was issued by the Ministry of Finance, Department of Expenditure, Govt. of India.

Based on the aforesaid OM, learned counsel for the petitioner submits that petitioner should also be granted the HRA even though her husband is also drawing HRA.

5. It has, however been submitted by the learned counsel for the State that though the said order may be the position in respect of the employees under the Central Government, if one of the employees happens to be serving under the State Government, her entitlements as regards the HRA will be decided by the Finance (Audit & Fund) Department, Govt. of Assam on 29.03.2012, a copy of which is annexed as Annexure-6 to the writ petition.

6. The State Government by the aforesaid OM dtd. 29.03.2012 has already made a clarification that only one house rent allowance will be admissible if both husband and wife are serving in the same station irrespective of their employment whether it is under Central Govt./ Central Govt. Undertaking or State Govt./State Govt. Undertaking.

7. It has been submitted by Mr. K. Gogoi, learned Standing Counsel for the Higher Education Department that in view of the aforesaid OM dtd. 29.03.2012 as far as the petitioner, who is a Govt. Employee of the Government of Assam, is concerned, her entitlement as regards the HRA will be governed by the aforesaid OM which prohibits grant of HRA in the event, the other spouse is enjoying the HRA whether being employed under Central Govt./ Central Govt. Undertaking or State Govt./State Govt. Undertaking.

8. It has been, however submitted by the learned counsel for the petitioner that the earlier OM dtd. 08.11.2018 has not been specifically superseded.

9. Heard learned counsel for the parties and perused the materials available on record.

10. This Court is of the view that though the Govt. of India might have provided for grant of HRA to both the spouses even if they are employed, and staying together, however, the same cannot be applied if one of the spouses is serving under the State Government undertaking, as the said OM dtd. 29.03.2012 issued by the State Government is very clear that only one house rent allowance will be admissible if both husband and wife are serving in the same station irrespective of their employment whether it is under Central Govt./ Central Govt. Undertaking or State Govt./State Govt. Undertaking.

11. It has been also noted that as per Rule 5(iii) under the F.R. & S.R. Part-IV which deals with Dearness Allowances, Dearness Relief and House Rent allowances, it has been provided that if the wife or the husband has been allotted accommodation at the same station by the Cen