IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14814 of 2009 1. UMESH KUMAR S/O LATE RAMESHWAR RAVIDAS VILL- SONA, P.S. NAUBATPUR, DISTT. PATNA, AT PRESENT POSTED AS ASSISTANT TEACHER IN UPGRADED MIDDLE SCHOOL, HATHIYAKAN, DANAPUR, DISTT. PATNA Versus 1. THE STATE OF BIHAR 2. THE DISTRICT SUPERINTENDENT OF EDUCATION PATNA, DISTT. PATNA 3. THE DEPUTY DEVELOPMENT COMMISSIONER PATNA, DISTT. PATNA 4. THE DRAWING DISBURSING OFFICER DANAPUR, PATNA 5. THE AREA EDUCATION OFFICER DANAPUR, PATNA 6. THE HEADMASTER UPGRADED MIDDLE SCHOOL, HATHIYAKAN DANAPUR, DISTT. PATNA with CWJC No.14815 of 2009 1. UMESH KUMAR S/O LATE ARJUN PRASAD VILL- PALIGANJ, P.S. PALIGANJ, DISTT. PATNA, AT PRESENT POSTED AS ASSISTANT TEACHER IN GOVT. MIDDLE SCHOOL, ADAMPUR, DANAPUR, PATNA Versus 1. THE STATE OF BIHAR 2. THE DISTRICT SUPERINTENDENT OF EDUCATION PATNA 3. THE DEPUTY DEVELOPMENT COMMISSIONER PATNA, DISTT. PATNA 4. THE DRAWING DISBURSING OFFICER DANAPUR, PATNA 5. THE AREA EDUCATION OFFICER DANAPUR, PATNA 6. THE HEADMASTER GOVT. MIDDLE SCHOOL, ADAMPUR, DANAPUR, PATNA ----------- 2/ 10.02.2010 Heard counsel for the petitioners and the counsel appearing for the State. Prayer of the petitioners in both the writ applications is for directing the District Development Commissioner-Cum- District Superintendent of Education, Patna, for making payment of House Rent Allowance and City Compensatory Allowance to the petitioners with effect from the date they have joined as Assistant Teachers in Upgraded Middle School, Hathiyakan, 2 Dananpur (in C.W.J.C. No. 14814 of 2009) and Government Middle School, Adampur, Danapur (in C.W.J.C. No.14815 of 2009). Petitioners’ working place is situated within radius of 8 kms of Danapur Municipality and, as such, they are entitled for receiving House Rent Allowance and City Compensatory Allowance. It has been stated by the petitioners’ counsel the Assistant Teachers of these schools are receiving such allowances under the provisions of Bihar State Employees (House Rent Allowance) Rules, 1980. Counter affidavit has been filed in C.W.J.C. No.14814 of 2009 where there is no denial so far entitlement of the petitioner is concerned, that the reason for not making payment has been mentioned. The reason is non-submission of application form by the petitioner along with requisite documents. It has also been stated that this information has already been given to the petitioner vide Letter No. 5699 dated 07.12.2009. Both the writ applications are being disposed. Petitioners will submit their applications along with requisite documents, before the Principal of the school. The Head Masters of the concerned schools are also directed to make necessary recommendation in favour of the petitioners as per the rule. The respondents are directed to complete all formalities within eight weeks from the date of submission of application by 3 the petitioners. The order for payment of House Rent Allowance and City Compensatory Allowance to the petitioners should be passed, with effect from the date they have joined in the concerned schools. The petitioners, thereafter, shall continuously be paid their allowances till date, they will remain posted in the concerned schools. Sanjeet/ (Mridula Mishra, J.)