IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12986 of 2009 1. JIWANA NAND SAHAY 2. MANOJ KUMAR 3. UPENDRA PANDIT 4. REENA CHOUDHARY 5. KAUSHAL KISHORE MISHRA 6. RAJ BALLABH PANDEY 7. GEETA KUMARI 8. PRAMOD KUMAR SINGH 9. MAITHILI SHARAN SINGH 10. RAM NARESH PRASAD YADAV 11. SANJU KUMARI 12. SHIV KUMAR 13. SATISH KUMAR 14. SUNIL KUMAR SINHA 15. ANURUDH KUMAR SINHA 16. AYODHYA SHARMA 17. DHARMENDRA KUMAR 18. SURENDRA SINGH 19. PRADEEP KUMAR SINGH 20. NEERAJ KUMAR-----------PETITIONERS Versus THE STATE OF BIHAR & ORS . ----------- 2 4.1.2010 Heard counsel for the petitioners and the counsel appearing for the State. Petitioners are working in such Schools which are situated within the radious of eight kilometers of the Patna Municipal Corporation as well as Phulwari sharif notified area Committee. Petitioners are claiming their entitlement for House Rent Allowance and City Compensatory Allowance as per Rule 4B(ii) of the Bihar State Employees (House Rent Allowance) Rules 1980. Petitioners have alleged that the respondent Deputy Development Commissioner, Patna is exercising its 2 powers vested in it for allowing the House Rent Allowance and City Compensatory Allowance by pick and choose method. Similarly situated persons have been allowed this benefit but so far petitioners are concerned, their claim is being ignored, even though after holding proper inquiry, already recommendations have been made in favour of the petitioners for payment of these allowances. Petitioners have already filed their representations along with other relevant documents before the concerned authority and the recommendation is also made in their favour by the Principle/Headmasters of the concerned Schools. Accordingly, this application is being allowed. The matter is being remanded to the Deputy Development Commissioner, Patna for considering cases of the petitioners and for making payment of House Rent Allowance as well as City Compensatory Allowance to the petitioners, with effect from the respective dates, they have joined in the concerned Schools which are situated within the radious of eight kilometers of Patna Municipal Corporation as well as Phulwarisharif Notified Area Committee. The orders be passed for payment of arrears of House Rent Allowance and City Compensatory Allowance as well 3 as month to month current allowance, preferably within a period of four weeks from the date of receipt/production of a copy of this order. (Mridula Mishra,J.) A.Kumar