IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE No.1170 of 2009 Krishna Kumari Versus The State Of Bihar & Ors ---------------------------------- 3 1.8.2011 Heard counsel for the petitioner and the counsel appearing for the State. Petitioner was appointed as A.N.M. in the year 1997 and posted in the district of Vaishali. In the year 1989, she was transferred from Vaishali to Sadar Hospital, Biharshariff at Nalanda. Again she was transferred in the year 1996 from Sadar Hospital, Biharshariff to Additional Primary Health Centre, Tetrawan under Biharsharif Block in the district of Nalanda, where she joined and is discharging her duty. Petitioner’s husband Sri Ramadhin Prasad was Headmaster in Primary School. In the year 1993 he was transferred to Beawani, P.S. Deepnagar, which is also in the district of Nalanda. Petitioner’s grievance is that since December 1993, Respondents stopped payment of House Rent allowance to her and payment remained stopped till the date her husband retired i.e. 31.1.2009 she was not paid her house rent allowance, for the period 2 December 1993 to January 2009, which could not have stopped by the Respondents considering her legal entitlement, specially when neither her husband nor the petitioner had been allotted any Government accommodation. Both were residing at two different places, making payment of rent for their private accommodation. The petitioner was denied her legal entitlement for house rent allowance, in clear and complete contradiction of the provisions of Bihar State Employees House Rent Allowance Rules, 1980. In the counter affidavit filed on behalf of Civil Surgeon Cum-Chief Medical Officer, Nalnda at Biharsharif and In-charge Medical Officer, Additional Primary Health Centre, Tetrawan, Biharshariff (Respondent nos. 3 and 4), it has been stated that since petitioner’s husband was getting house rent allowance till the date of his retirement, as such petitioner was not entitled for House Rent Allowance as provided under Rules 6 (3) Kha (iii) of the H.R.A., Rules, 1980. There is specific provision under the Rules that if both husband and wife are Government employees and are posted at one place, only one of them will be entitled for House rent 3 allowance. I find that the rule, which has been quoted in the counter affidavit of the respondents has completely no application in the case of the petitioner, for the reason that petitioner’s husband was transferred to Beawani in the year 1993. At that time petitioner was still posted at Vaishali. She was transferred from Vaishali to Nalanda in December, 1996. Payment of house rent allowance has been stopped to the petitioner Since December, 1993, when petitioner and her husband were posted at two different districts. There is no averment in the counter affidavit that any Government accommodation was provided to the petitioner at Tetrawan or it was allotted to the husband of the petitioner. Specific case of the petitioner is that though petitioner and her husband were posted in the same district Nalanda but at different places located at the distance of 18 K.Ms. In this circumstance, simply because petitioner’s husband was paid house rent allowance, its’ payment could not have been stopped to the petitioner, specially when neither of them had been provided with government accommodation at the place of their posting. Legally both of them were entitled for 4 payment of house rent allowance. The reason shown for not making payment of house rent allowance to the petitioner is completely contrary to the provision under Bihar State Employees (House Rent Allowance) Rules, 1980. Petitioner is entitled for receiving house rent allowance since December, 1993 to 31.1.2009. The respondents are directed to pay entire arrears of House Rent allowance to petitioner since December, 1993 to January, 2009. All payments shall be made within eight weeks from the date of receipt/production of a copy of this order. Petitioner is also entitled to receive house rent allowance for subsequent months till her retirement. The writ application is allowed. A. Kumar ( Mridula Mishra, J.)