IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.15016 of 1989 (O&M) Date of decision:31.03.2011 Surinder Mohan and others ....Petitioners versus Punjab State and others ....Respondents CORAM: HON’BLE MR. JUSTICE K. KANNAN ---- Present: None for the petitioners. Ms. Rita Kohli, Additional Advocate General, Punjab. ---- 1. Whether reporters of local papers may be allowed to see the judgment ? No. 2. To be referred to the reporters or not ? Yes. 3. Whether the judgment should be reported in the digest ? Yes. ---- K.Kannan, J. (Oral) 1. The writ petition seeks for issue of a writ of mandamus to direct the respondents to pay the house rent allowance admissible to them as per the scales of pay to which the Punjab Government employees are entitled and the relevant rules/instructions on the subject. The claim is resisted by the Government on the ground that the employees have been provided with accommodation in the constructions belonging to Bhakra Beas Management Board (BBMB) and where accommodation is provided in government houses or statutory bodies, the employees already enjoy the benefit of either free accommodation or Civil Writ Petition No.15016 of 1989 (O&M) - 2 - accommodation on payment of some licence fees which are far less than the market rates of rent. The plea, therefore, is that to such class of persons, who availed accommodation from BBMB, the HRA allowance cannot be given. 2. There is no representation for the petitioners when the matter is called. The learned counsel refers me to a government instruction which is issued from the Deputy Secretary, Government of Punjab, dated 24..11.1988 on the subject of implementation of the recommendation of third Pay Commission and particularly with reference to the fixation of rates of rent for government accommodation. The instructions are to the effect that government accommodation shall be 5% of the basic pay of the standard rent whichever is less. She also refers me to the provisions brought through F.D. Letter No.2786-FICW (5)-73/14373, dated 20th July, 1973 that contains the instructions for grant of HRA to government employees that reads as under:- “11.2 Grant of house rent allowance to Government employees who refuse/vacate Government accommodation.- According to the instructions contained in para 4(1) of Finance Department's letter No.956-FICW (5)-65/1548, dated 20th February, 1965, house rent allowance is not admissible to a Government employee who is in occupation of accommodation provided by the Government or who refuses accommodation offered by Government or who leaves such accommodation without the approach of the competent authority.” Civil Writ Petition No.15016 of 1989 (O&M) -3 - Reading these two instructions together it would seen that (i) HRA is not admissible in cases where government employee is provided with government accommodation and (ii) while such accommodation is granted, it need not be still free but it could be @ 5% of the basic pay. 3. The rejection of the claim of the petitioner, under such circumstances, is justified and I find no reason to interfere with the same. The writ petition is dismissed. (K.KANNAN) JUDGE 31.03.2011 sanjeev