A Single Bench of Manipur High Court, while disposing the writ petition has held that Central Government employees posted in the North Eastern region who had kept families in previous places would be entitled to additional HRA.
J S Chauhan, after completing his tenure period of posting in New Delhi, was transferred to Manipur. According to the petitioner, while posted at DG, Headquarters, Delhi as Deputy Commandant he was allotted Government quarters. The petitioner vacated the Government accommodation and shifted his family members to a rented accommodation at Delhi by an order, issued sanction order for drawing HRA. Although the sanction order was issued, the petitioner had failed to receive the HRA since September 2019 and he was informed deduction from the salary of September, 2019 without disclosing any reason.
The stoppage of HRA was against the Office Memorandum and the same was illegal, arbitrary and unreasonable.
S. Vijayanand Sharma, on behalf of the respondent stated that, the officer who was posted to NE region from outside of NE region but kept their family at the last place of posting were entitled to HRA of the old duty station and the officer posted in a unit deployed in NE region, the notional Headquarter of which was situated outside of NE region were not entitled for grant of HRA at the last place of posting.
He further submitted that petitioner could not avail regular HRA further, the HRA was given to an employee in case Government provided residential accommodation was not available to him and the petitioners were given GPRA, they were not entitled to claim HRA in the present place of posting.
K. Roshan, on behalf of the petitioner submitted that petitioner was drawing HRAwithout any interruption, as the petitioner had been posted at NE region. He further submitted that the said act was illegal and malafide and violation of Office Memorandum of the Ministry of Finance, department of expenditure for granting benefit to the Central Government employees employed in the NE region, whereas the petitioner was now under the NE region and therefore, the petitioner would be entitled for the benefit of HRA.
The Bench of Justice M.V. Murali Daran Allowed the writ petition and held that the petitioners were entitled to HRA of last place of posting. The Bench set aside the impugned orders holding that the impugned orders were issued without applying the mind and affording any opportunity of hearing before stopping the payment of HRA.
“The benefit of HRA is for the welfare of the families of the employees who are posted in difficult stations like the NE region etc. Those Central Government employees, particularly the civilians, who on their transfer to the notified region keep their families at the previous place of posting in a rented or own accommodation after vacating the Government quarters which they were occupying and had to vacate after transfer shall be entitled to the benefit of the HRA/additional HRA” the Bench observed.
Subscribe Taxscan Premium to view the JudgmentSupport our journalism by subscribing to TaxscanAdFree. Follow us on Telegram for quick updates.
