State employees on deputation are entitled to House Rent Allowance (HRA) based on the location of their place of work as determined by government pay revision orders, regardless of restrictive internal departmental circulars or the pay terms fixed upon initial deputation.

JUDGMENT :

T.R. Ravi, J.

The writ petition has been filed with the following main prayers.

(i) to issue a writ of certiorari or any other appropriate writ, order or direction, quashing Ext. P10 communication dated 24.03.2017 to the extent it denies the HRA as per Ext P1, XI^th Pay Commission Order and Ext P11 communication by the 2^nd respondent dated 24.03.2025;

(ii) issue a writ of mandamus or any other appropriate writ, order or direction, directing the 2^nd and 3^rd respondents to disburse the HRA @ 10% to the 1^st petitioner from 07.09.2023, 2^nd petitioner from 11.10.2021, 3^rd petitioner from 01.02.2023, 4^th petitioner from 05.11.2021, 5^th petitioner from 12.01.2024, 6^th petitioner from 25.08.2023 and 7^th petitioner from 19.08.2023 onwards with 9% interest on the difference of 6% of HRA from the respective days till disbursement; and

(iii) declare that the petitioners are entitled for HRA at the rate of 10% applicable to the employees working in the institution within 1 km limits from the Corporation as provided under Note (1) to Clause 12 of Ext. P1 pay revision order.

2. The petitioners are presently working under the Kerala State Medical Council at Thiruvananthapuram, in different posts, on deputation from other Departments like Veterinary University, Health Department, LSG Department, Statistical Department and Agricultural University. The grievance of the petitioners is that they are not being paid House Rent Allowance ('HRA' for short) at the rate of 10%. The petitioners submit that Kerala State Medical Council is situated within one kilometer limit from the Thiruvananthapuram Corporation. It is submitted that the recommendations of the 11^th Pay Revision Commission was implemented by the first respondent vide Exhibit P1 and as per Clause 12 of Exhibit P1, the HRA is to be paid based on the percentage of basic pay applicable to the four classes of employees. Note 1 to Clause 12 reads as follows.

“Note (1).An employee working within one kilometre from Corporation limits and was drawing HRA at Corporation rates will be assured 10% hike in the existing amount of HRA or the new rate applicable to their places whichever is higher.”

3. The petitioners submit that Exhibit P1 has been effective from 01.07.2019 and the petitioners are persons who were deputed subsequently on different dates between 2021 and 2024 and hence entitled to 10% of the pay as HRA. The petitioners have produced salary slips which would show that they are paid only 4% of the basic pay as HRA instead of 10%. The petitioners claim that one Manu who is being given 10% as HRA by the 3^rd respondent is a person who has been deputed from the LSG Department and is similarly situated to the petitioners. The petitioners also claim that employees working in the Kerala Legislative Assembly on deputation are being paid 10% of the pay as HRA. Similar instances of payment of 10% has been pointed out. Exhibit P9 Government Order dated 17.08.2004 is one in which the first respondent has clarified that appointees on deputation are entitled to the same Grade Pay which they were receiving in the parent organization. Exhibit P10 dated 24.03.2017 is another letter issued by the first respondent, which says that HRA is admissible as per the rates applicable to the place where the foreign service is located. It is submitted that though Exhibit P10 has been issued following Exhibit P9 order, it was issued on a totally different context and the same principle cannot be followed for granting of HRA. It is submitted that the request submitted by the fifth petitioner before the second respondent was rejected relying on Exhibit P10 which is not warr