IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14983 of 2009 1. MUKESH KUMAR S/O LATE CHANDRASHEKHAR CHAUDHARY R/O LOHIANAGAR, P.S. KANKARBAGH, DISTT.- PATNA- 20 Versus 1. THE STATE OF BIHAR 2. THE DISTRICT SUPERINTENDENT OF EDUCATION PATNA 3. THE DEPUTY DEVELOPMENT COMMISSIONER PATNA 4. THE HEAD MASTER PRIMARY SCHOOL null UDANI, SAMPATCHAK, PATNA ----------- 2. 15.02.2010 Heard the counsel for the petitioner and the counsel appearing for the state. Counter affidavit has also been filed on behalf of the District Superintendent of Education, Petitioner is presently posted at Primary School, Udani, Sampatchak as Assistant Teacher. The school in question, is situated within eight Kms. radius of Patna Municipal Corporation. As per rule 4(b)(11i)(2) of House Rent Allowance Rules, Government Servants whose place of posting is within radius of 8 Kms of Municipal Corporation, Patna and in case, there is no residential accommodation for the Govt employees, they are entitled for House Rent Allowance with Compensatory Allowance. Petitioner’s grievance is that after his posting in this school in the year, 2005, he has not been paid House Rent Allowance despite the fact that all formalities have been completed. The Headmaster who is controlling authority, has forwarded the application of the petitioner - 2 - long back in the month of April, 2005 to the District Superintendent of Education, and the District Superintendent of Education, to the Deputy Development Commissioner, still no orders have been passed in this regard. Counter affidavit has been filed on behalf of the District Superintendent of Education just to explain laches on the part of the respondents. It is not denied that application of the petitioner has been forwarded by the Headmaster in the year, 2005 itself with a proposal for payment of House Rent Allowance to the petitioner but some documents are required and for that, the Block Education Officer, has been directed to submit the required documents. It is stated that such required documents are initially called for, in the year 2005 and thereafter, after filing of the writ application, in the year, 2009. This shows the concern of the respondents-authorities and the quick action which they are required to take in such matters. This writ application is allowed giving direction to the District Superintendent of Education and Deputy Development Commissioner, to immediately pass order in favour of the petitioner preferably within four weeks from the date of production/communication of the order. Petitioner should be paid entire arrears of House Rent Allowance and City Compensatory allowance in lump some - 3 - within four weeks of the production/communication of the order. Akv/ (Mridula Mishra, J.)