: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8273 OF 2004 WRIT PETITION NO.8273 OF 2004 WRIT PETITION NO.8273 OF 2004 Smt.S.Radha ...Petitioner. V/s. Union of India & Ors. ...Respondents. Mr.Sanjay Prabhu i/by Mr.N.V.Bandiwadekar , advs. for the Petitioner. Smt.Neeta Masurkar & G.Hariharan i/by H.D.Rathod , advs. for the Respondents. CORAM: Bilal Nazki CORAM: Bilal Nazki CORAM: Bilal Nazki & J.H.Bhatia,JJ J.H.Bhatia,JJ J.H.Bhatia,JJ. DATE : 1st October, 2008. DATE : 1st October, 2008. DATE : 1st October, 2008. P.C.: P.C.: P.C.: 1. The petitioner was receiving HRA. The respondents found that her husband is also serving in Rashtriya Chemical Fertilizers Ltd., a Company of the Government of India and he had been provided Government accommodation. Therefore, there was no reason why the petitioner was living in rented house in the same area. Therefore, notice was given to her seeking recovery of the amount drawn by her towards HRA, after her marriage as according to the respondents, she was living with her husband , who had been provided Government accommodation. 2. After hearing for a while, the learned counsel for the petitioner seeks to withdraw the petition. However, : 2 : she wants that the respondents should adhere to the commitments they have made in their affidavit that they will recover the drawn amount in monthly instalment and would not charge any interest. We order accordingly that the amount drawn in excess shall be recovered from the petitioner in monthly instalment and no interest shall be charged. Petition stands disposed off accordingly. 4. The learned counsel for the petitioner further submits that for sometime now her husband is not occupying any accommodation provided by the employer and, therefore, she is entitled to HRA from the date she occupied house on rent after her husband gave up accommodation. That is not the subject matter of this petition. That matter could be decided by the respondents on its own merits after the petitioner makes that grievance. (Bilal Nazki, J.) (Bilal Nazki, J.) (Bilal Nazki, J.) (J.H.Bhatia, J.) (J.H.Bhatia, J.) (J.H.Bhatia, J.)