IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18^TH DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION No. 16441 OF 2025 (S-KSAT)

BETWEEN:

1. SR H. RUDRAPPA, S/O LATE HANUMANTHAPPA, AGED ABOUT 70 YEARS, RETIRED PSI RAILWAYS, R/AT No.105, MATHRU SHRI NILAYA, SAPTHAGIRI BADAVANE, DODDABIDARAKALLU, BENGALURU-560073.

…PETITIONER Digitally (BY SRI H. ASHOK KUMAR, ADVOCATE)

signed by VINUTHA B S AND:

Location:

High Court of

1. THE STATE OF KARNATAKA, Karnataka REP, BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HOME, VIDHANA SOUDHA, DR. AMBEDKAR VEEDHI, BENGALURU-560001.

2. THE ADDITIONAL DIRECTOR GENERAL OF POLICE (RAILWAYS) KARNATAKA STATE, OFFICE AT BMTC BUILDING, SHANTHINAGAR, KENGAL HANUMANTHAIAH ROAD, BENGALURU-560027.

3. THE SUPERINTENDENT OF POLICE, (RAILWAYS) KARNATAKA STATE, BENGALURU CITY RAILWAY STATION CAMPUS, BENGALURU-560023.

4. THE ACCOUNTANT GENERAL IN KARNATAKA (C AND CA), PARK HOUSE ROAD, BENGALURU-560001.

…RESPONDENTS (BY SRI VIKAS ROJIPURA, AGA)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 09/01/2025 PASSED BY THE LEARNED KARNATAKA STATE SERVICE ADMINISTRATIVE TRIBUNAL, BENGALURU IN A.No.3551/2024, FILED HEREIN AT ANNEXURE-O, DATED 09/01/2025 AND RELEASE THE HRA AMOUNT OF RS.1,35,885/- AFTER DEDUCTING LICENSE FEE (STANDARD RENT) OF RS.5750/- AND RELEASE THE BALANCE HRA AMOUNT OF RS.1,30,135/-.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE S.G.PANDIT and HON'BLE MR. JUSTICE K. V. ARAVIND

ORAL ORDER

(PER: HON'BLE MR. JUSTICE S.G.PANDIT)

The unsuccessful applicant/petitioner is before this Court aggrieved by order dated 09.01.2025 in Application No.3551/2024 passed by the Karnataka State Administrative Tribunal, Bengaluru [for short 'Tribunal'] rejecting petitioner's prayer to quash the order dated 29.03.2023 (Annexure-A.1) holding the petitioner not entitled to HRA since he was occupying the quarters allotted by the Railways during the period between 2011 and 2013.

1.1 The petitioner had also prayed for consideration of his representations dated 22.09.2011 and 02.11.2019, wherein he had requested for release of the HRA for the period from 2011 to 2013, during which period, he was in occupation of the Railway quarters.

2. Heard Sri H. Ashok Kumar, learned counsel for the petitioner and Sri Vikas Rojipura, leaned Additional Government Advocate for the respondent-State.

3. Learned counsel for the petitioner would submit that the petitioner was on deputation to Railway Police Force and he was occupying the quarters allotted by the Railways between 2008 and 2013. It is his submission that during his occupation of the quarters allotted by the Railways, the Railways collected License Fee. Hence, the petitioner would be entitled for refund of HRA.

4. On an earlier occasion, the petitioner had approached the Tribunal with a prayer to consider his representation dated 13.12.2021 and for an order to refund HRA, which was recovered from his salary. The Tribunal by order dated 07.02.2023 directed refund of the recovered HRA on the principles laid down by the Hon'ble Apex Court in the case of State of Punjab & Others etc., vs. Rafiq Masih (White Washer) etc., [2015 AIR SCW 501]. The present application relates to the period from 2011 to 2013. The Tribunal under the impugned order rejected the petitioner's prayer holding that there is no material to indicate the recovery of HRA amount from the petitioner's salary and on the other hand, the Tribunal has observed that petitioner's pay slip goes to show that during the said period of two years, he was not paid the HRA.

5. When a Government Servant is allotted an official quarters, the said Government Servant will not be entitled to HRA. In the instant case also, the petitioner was occupying railway quarters allotted by the Railways when he was on deputation to Railway Police