CIVIL WRIT JURISDICTION CASE No.8481 OF 1993 ----------- In the matter of applications under Articles 226 and 227 of Constitution of India ----------- 1. MRS.SHEELA JHA, wife of Mr. Ratneshwar Jha, resident of Mohalla- Gayaghat, Police Station Alamganj, District Patna at present working as Assistant Teacher, Government Middle School, Mauza- Katra Diwan Mohalla, Patna City, District Patna 2. Naseema Khatoon, wife of Md. Jamiruddin Ansari, Resident of Mohalla Alamganj, Police Station Gulzarbagh, District Patna at present working as Assistant Teacher, Government Press Middle School, Gulzarbagh, (Patna City) District Patna ----- petitioners Versus 1. The State of Bihar 2. Chief Secretary, Government of Bihar, Patna 3. Finance Secretary, Government of Bihar, Patna 4. Secretary, Department of Personnel and Administrative Reforms, Government of Bihar, Patna 5. Secretary, Department of Revenue, Government of Bihar, Patna 6. Secretary, Department of Education, Government of Bihar, Patna 7. District Magistrate, Patna, District Patna 8. District Superintendent of Education, Patna District Patna 9. Inspector of Schools, Patna City 10. Head Master, Government Press Middle School, Gulzarbagh, Patna City District Patna 11. Head Master, Government Middle School, Mauza- Katra Diwan Mohalla, Patna City District Patna 12. Treasury Officer, Patna City, Patna District Patna -------respondents With CWJC No.8713 of 1993 ----------- SANTI SINHA wife of Sri Ramanandan Prasad, resident of Salimpur Ahara, Police Station, Gandhi Maidan, district Patna ---------petitioner Versus 1. The State of Bihar 2. The Director Primary Education, Government of Bihar, New Secretariat, Patna 3. The District Superintendent of Education, Patna Collectorate, Patna 4. The Head Master, Rajkiya Ganesh Pathsala, Near Area, Kadamkuan, Patna 800003 -----------respondents With CWJC No.8933 of 1993 SAROJ PRASAD, wife of Sri Priya Nath Sinha, resident of Mohalla- Patliputra Colony, Qr. No. 302, Patna- 13 at present working as an Assistant Teacher in Middle School (Boys) Adalatganj, Police Station- Kotwali, District- Patna ---------petitioner Versus 1. The State of Bihar 2. The Director (Primary Education) Government of Bihar, New Secretariat building, Patna 3. The District Superintendent of Education, Patna Collectorate Building, Patna 2 4. The Head Master, Middle School Adalatganj, Police Station- Kotwali, Town and District Patna For the Petitioners: MR. AJAY KUMAR THAKUR, Advocate Mr. Imteyaz Ahmad, Advocate For the State: Mr. P.K. Singh, A.C to S.C. 1 ------------------------------ P R E S E N T THE HON'BLE MR. JUSTICE SHIVA KIRTI SINGH THE HON'BLE MR. JUSTICE C.M.PRASAD Shiva Kirti Singh & C. M. Prasad, JJ. Heard learned counsel for the petitioners and learned counsel for the State. From the earlier orders passed in these cases it transpires that all these writ petitions were to be heard along with CWJC No. 9157/1991 and till the disposal of these cases the petitioner/petitioners in each of the cases was not to be denied the House Rent Allowance but the said order was made subject to final decision in these cases. The order sheet of CWJC no. 9157/1991 shows that the same was disposed of along with some other analogous writ petitions such as CWJC no. 12616/1993 by a common judgement and order passed by learned Single Judge of this court on 24-4-1995. In that judgement the court considered the main issue as to whether employees of the State Government sharing accommodation with their spouses are entitled to House Rent Allowance or not, particularly, if the spouse is also employed in a 3 Government, Semi Government or even in Private service. In that context Rule 6 of the Bihar State Employees (House Rent Allowances) Rules, 1980 was noticed and discussed in detail. On the basis of aforesaid relevant rule it was held that there is nothing in the relevant Rule which takes away the right of the employees of the State Government to receive House Rent Allowance where both the husband and wife share accommodation. It was further held that Rule 6 (b) merely puts restriction on the quantum of allowance and the notes appended to the said Rule provide for exceptions as to when such restrictions will not be applicable. As a final result those writ petitions were disposed of with a direction to the concerned authorities to consider the claim of the petitioners for grant of House Rent Allowance in the light of observations made in the judgement and order and to issue appropriate orders without delay. Admittedly these writ petitions raise similar issues and were required to be heard along with CWJC No. 9157/1991 which has been disposed of by the judgement noted above dated 24-4-95. Accordingly, all these writ petitions are also disposed of in terms of such judgement and order. There shall be no order as to costs. Patna High Court The 5th March, 2010 BKS/NAFR (Shiva Kirti Singh, J.) (C. M. Prasad, J.)