IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14234 of 2009 1. RAJ NANDAN SHARMA S/O LATE CHANDRA MAULI SHARMA, VILL & P.O- MEGHAUL, P.S- KHODWANDPUR, DISTT- BEGUSARIA, PRESENTLY POSTED AS ASSISTANT TEACHER, GOVERNMENT MIDDLE SCHOOL, NAGWAN WITHIN NAUBATPUR PRAKHAND IN THE DISTT OF PATNA 2. RAMAKANT GYANI S/O SHRI RANGLAL SINGH PERMANENT RESIDENT OF VILL- ANGARI, P.O- SHANKARPUR-IMAMGANJ, P.S- KARPI, DISTT-ARWAL, PRESENTLY POSTED AS ASSISTANT TEACHER, GOVERNMENT MIDDLE SCHOOL, BIRANCHANK- FARIDPUR WITHIN PHULWARISARIFF PRAKHAND IN THE DISTRICT OF PATNA 3. RAJ KISHORE SINHA S/O LATE RAM NARAYAN SINHA, PERMANENT RESIDENT OF VILL & P.O- AMARPURA, P.S- NAUBATPUR, DISTT- PATNA, PRESENTLY POSTED AS ASSISTANT TEACHER, GOVERNMENT MIDDLE SCHOOL BIRANCHAK-FARIDPUR WITHIN PHULWARISARIFF PRAKHAND IN THE DISTRICT OF PATNA Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 3. THE DIRECTOR, PRIMARY EDUCATION, BIHAR, PATNA 4. THE DEPUTY DEVELOPMENT COMMISSIONER, PATNA 5. THE DISTRICT SUPERINTENDENT OF EDUCATION PATNA ----------- 2. 28.01.2010 Heard the counsel for the petitioners and the counsel appearing for the state. Petitioners are working as Assistant Teachers in different schools, which are situated within eight kms. radius of Patna Municipal Corporation. Petitioner No. 1, is posted as Assistant teacher in Govt. Middle School, Nagwan within Naubatpur Block, in the district of Patna. Petitioner Nos. 2 & 3 are working as Assistant Teachers in Govt. Middle School, Biranchak-Faridpur within Fulwarisharif block in the District of - 2 - Patna. Petitioners’ case is that since the schools in which they are working, are situated within eight kms. radius of Patna Municipal Corporation and no residential quarters are available for the teaching employees of the concerned schools, as such, they are living in the rented houses. There is specific rule framed under Bihar State Employees (House Rent Allowance) Rules, 1980 under rule 4(b)(ii) which provides that such teachers will be entitled for house rent allowance including City Compensatory Allowance in terms of these rules. Petitioners’ grievance is that despite the proper recommendation made in their favour by the Head master of the concerned schools and same benefit allowed to other teachers, the petitioners are not being paid house rent allowances including City Compensatory Allowances. In support of the claim, the petitioners have annexed the certificates of their landlords showing that they are residing in the rented houses and also recommendation was made by the Headmaster of the school on their application in a format. This writ application is being allowed giving direction to the Deputy Development Commissioner, Patna to examine the claim of the petitioners. In case of finding their entitlement, necessary orders be passed in their favour for payment of house rent allowances alongwith City Compensatory Allowance w.e.f. the date petitioners have been posted in the concerned - 3 - schools. The order be issued in favour of the petitioners for payment of arrears of such allowances w.e.f. the effective dates. The Deputy Development Commissioner, Patna must pass necessary order within four weeks from the date of production/communication of the order. Akv/ (Mridula Mishra, J.)