CWP No.13650 of 1989 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.13650 of 1989 DATE OF DECISION: March 10, 2011 SMT. SUNITA, SCIENCE MISTRESS ...PETITIONER VERSUS STATE OF PUNJAB AND OTHERS ...RESPONDENTS CORAM: HON'BLE MR. JUSTICE K.KANNAN. 1. Whether reporters of local papers may be allowed to see the judgement? Yes 2. To be referred to the reporters or not? Yes 3. Whether the judgement should be reported in the digest? Yes ---- PRESENT: MR.GURCHARAN SINGH, ADVOCATE FOR THE PETITONER. MS.RITA KOHLI, ADDL.A.G., PUNJAB. NONE FOR RESPONDENT NO.5. K.KANNAN, J.(ORAL) 1. The writ petition contains a challenge to an attempted recovery pursuant to an audit report that the petitioner shall not be permitted to draw House Rent Allowance and even if already withdrawn, it was liable to be refunded. The basis was a circular through Government Instruction vide letter dated 11.1.1983, that barred a Government employee from claiming House Rent Allowance in cases where a spouse was also in Government service and he or she was residing in a place within 8 kms. The contention of the petitioner is that the husband was not in Government service at all and it is irrelevant, even if the husband were to be residing in the same house and was also drawing his own allowance. Admittedly, the petitioner's spouse was working as Clerk in a bank and it cannot be said to be a Government service. The Government Instruction itself was not applicable and consequently, the audit objections recommending the stoppage of CWP No.13650 of 1989 -2- House Rent Allowance and for recovery to be effected for a benefit already availed to the petitioner, cannot stand legal scrutiny. 2. The petitioner is entitled to succeed and the order dated 13.2.1988 and the impugned proceedings under Annexure P-3 is quashed. Consequently, any amount which had been withdrawn and which the petitioner was entitled to shall be paid to the petitioner within 6 weeks from the receipt of certified copy of the order. 3. Writ petition is disposed of. March 10, 2011 (K.KANNAN) Gulati JUDGE