IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.12808 OF 2007 1.RAJESH KUMAR, S/O SRI NAGESHWAR PANDIT, ASSISTANT TEACHER, MIDDLE SCHOOL SHERPUR, ANCHAL MANER, P.S MANER, DISTRICT PATNA, R/O MOHALLA KANKARBAGH, PS.KANKARBAGH, DISTRICT PATNA. 2.SANTOSH BECK, S/O SRI MANGAL DAS BECK, ASSISTANT TEACHER, MIDDLE SCHOOL SHERPUR, ANCHAL MANER, P.S MANER DISTRICT PATNA R/O MOHALLA KANKARBAGH, P.S KANKARBAGH, DISTRICT PATNA. …………………PETITIONERS. VERSUS 1.THE STATE OF BIHAR. 2.THE DIRECTOR, PRIMARY EDUCATION, GOVT. OF BIHAR, PATNA. 3.THE DISTRICT MAGISTRATE, PATNA. 4.THE DEPUTY DEVELOPMENT COMMISSIONER, PATNA. 5.THE DISTRICT SUPERINTENDENT OF EDUCATION, PATNA. 6.THE HEADMASTER, MIDDLE SCHOOL SHERPUR, ANCHAL MANER, PS.MANER, DISTRICT PATNA. ………………………RESPONDENTS. ----------- 02/ 09.11.2011 Heard counsel for the parties. The prayer of the petitioners in this writ application is for issuance of a direction to the respondents for making payment of their House Rent Allowance (H.R.A). The petitioner no. 1 claims payment of his H.R.A from 03.09.2005 to 30.12.2008, whereas petitioner no. 2 claims the same for the period from 17.06.2004 to 14.01.2009. Learned counsel for the petitioner has made a very simple and yet quite effective submission that the School in 2 question i.e. Middle School, Sherpur, Maner, the Government and its Authorities have always been paying H.R.A to other teachers posted in the same school but the two petitioners have been consistently kept deprived of the aforesaid monetary benefit. He has in this regard also submitted that the issue relating to payment of H.R.A to the petitioners was also referred by the District Superintendent of Education, Patna to the Deputy Development Commissioner, Patna by letter no. 925 dated 18.03.2006 but no final decision could be taken by the respondents at least till filing of the writ application on 26.09.2007. He would therefore, submit that there cannot be any discrimination in the matter of payment of H.R.A between the teachers of the same School. Learned counsel for the State has no answer to all these submissions save and except offering a meek surrender. He does not have any explanation as to why the respondents have not filed the counter affidavit in a period of four years ever since this writ application was filed. He also does not have any answer to the 3 specific plea of discrimination as asserted by the petitioners in this writ application. Counsel for the State infact has fairly conceded that if in the same School other teachers are being paid H.R.A, there would be no ostensible or justifiable reason for denying payment of same to the petitioners especially when neither of them have now been continuing as teacher of the said School at Sherpur. In the light of the aforementioned submission of learned counsel for the State, this Court does not find any difficulty in directing the Competent Authority to make payment of the arrears of H.R.A to the petitioners for the period they had remained posted in Middle School, Sherpur i.e. petitioner no. 1 for the period from 03.09.2005 to 30.12.2008, and petitioner no. 2 for the period from 17.06.2004 to 14.01.2009 if other teachers of the same school have been paid H.R.a. for the same period. Such payment therefore must be made to the petitioners within a period of six months from the date of receipt/production of a copy of this order. 4 With the aforementioned observation and direction, this application is disposed of. Ranjan (Mihir Kumar Jha, J.)