IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.693 of 2010 NIRAJ KUMAR S/O LATE BIRENDRA KUMAR R/O MOH KUSUMPURI ADARSH COLONY, ROAD NO.1,KHEMNICHAK,P.S.RAMKRISHNA NAGAR, DISTT-PATNA Versus 1. THE STATE OF BIHAR 2. PRINCIPAL SECRETARY, DEPARTMENT OF HUMAN RESOURCES VIKASH BHAWAN, PATNA 3. DIRECTOR , PRIMARY EDUCATION VIKASH BHAWAN, PATNA 4. DEPUTY DEVELOPMENT COMMISSIONER PATNA 5. DISTRICT SUPERINTENDENT EDUCATION PATNA 6. HEADMASTER, UPGRADED MIDDLE SCHOOL FATEHPUR, PATNA with CWJC No.4430 of 2010 1. DEEPAK KUMAR S/O SRI RAMCHANDRA RAM POSTED AS ASSISTANT TEACHER AT MIDDLE SCHOOL , SABALPUR, BLOCK - PATNA SADAR , DISTRICT - PATNA 2. JAY ASHISH SINGH S/O LATE RAJENDRA SINGH POSTED AS ASSISTANT TEACHER AT PRIMARY SCHOOL , MADHOPUR, JUGGI JHOPARI, P.S - JANIPUR, BLOCK - PHULWARI SHARIF , DISTRICT - PATNA 3. CHANDRA SHEKHAR PRASAD S/O SRI RAM BISHUN PRASAD POSTED AS ASSISTANT TEACHER AT GOVT. MIDDLE SCHOOL, ADHPA, BLOCK - PHULWARI SHARIF , DISTRICT - PATNA 4. ANIL KUMAR S/O SHRI SUKHLAL THAKUR, POSTED AS ASSISTANT TEACHER AT GOVT. MIDDLE SCHOOL, ADHPA, BLOCK - PHULWARI SHARIF , DISTRICT - PATNA 5. NISAR AHMAD S/O MUKHTAR AHMAD POSTED AS ASSISTANT TEACHER AT PRIMARY SCHOOL, DHIBRA, BLOCK - PHULWARI SHARIF , DISTRICT - PATNA 6. BRAJ NANDAN SINGH S/O SRI RAMCHANDRA SINGH, POSTED AS ASSISTANT TEACHER AT MIDDLE SCHOOL SABALPUR, BLOCK - PATNA SADAR , DISTRICT - PATNA 7. RAM SINGH PRASAD S/O SRI DEOBRAT PRASAD, POSTED AS ASSISTANT TEACHER AT MIDDLE SCHOOL, SABALPUR, BLOCK - PATNA SADAR , DISTRICT - PATNA 8. MALTI KUMARI W/O SRI BIJAY KRISHNA PRASAD SINHA, POSTED AS ASSISTANT TEACHER AT MIDDLE SCHOOL SABALPUR, BLOCK - PATNA SADAR , DISTRICT - PATNA 9. MAHESH PRASAD S/O SRI GURU CHARAN SINGH, POSTED AS ASSISTANT TEACHER AT GOVT. MIDDLE SCHOOL, ADHPA, BLOCK - PHULWARI SHARIF , DISTRICT - PATNA 10. BHOLA PRASAD MALAKAR S/O SRI SARYUG PRASAD MALAKAR POSTED AS ASSISTANT TEACHER AT GOVT. MIDDLE SCHOOL,SHORAMPUR, BLOCK - PHULWARI SHARIF , P.S- JANIPUR,DISTRICT - PATNA 11. NAWNIT KUMAR S/O SRI BISHNUDEO PRASAD YADAV POSTED AS ASSISTANT TEACHER AT GOVT. MIDDLE SCHOOL, MAHNGUPUR, BLOCK - PHULWARI SHARIF , DISTRICT - PATNA 12. RAM PRAVESH KUMAR S/O LATE NARESH PRASAD POSTED AS ASSISTANT TEACHER AT GOVT. PRIMARY SCHOOL,BAGHZAFFARKHAN, BLOCK - PATNA SADAR , DISTRICT - PATNA 13. RAM BALAK RAI S/O MAHABIR RAI RETIRED AS ASSISTANT TEACHER FROM UTTAKRAMIT MIDDLE SCHOOL,KHAPRAILCHAK, BLOCK - PHULWARI SHARIF , P.S- JANIPUR,DISTRICT - PATNA 2 14. UMESH PRASAD SINGH INCHARGE HEADMASTER OF GOVT. MIDDLE SCHOOL, ADHPA, BLOCK - PHULWARI SHARIF , DISTRICT - PATNA Versus 1. THE STATE OF BIHAR 2. THE SECRETARY CUM COMMISSIONER, DEPARTMENT OF EDUCATION, GOVT. OF BIHAR, PATNA 3. THE DIRECTOR PRIMARY EDUCATION GOVT. OF BIHAR PATNA 4. THE DISTRICT MAGISTRATE, PATNA 5. THE DEPUTY DEVELOPMENT COMMISSIONER PATNA 6. THE DISTRICT SUPERINTENDENT OF EDUCATION, PATNA 7. THE AREA OFFICER PATNA (SADAR) 8. THE BLOCK EDUCATION EXTENSION OFFICER, PHULWARISHARIF, PATNA 9. THE BLOCK EDUCATION EXTENSION OFFICER, PATNA SADAR, DISTRICT -PATNA 10. THE DRAWING DISBURSING OFFICER OF MIDDLE SCHOOL SABALPUR PATNA SADAR, PATNA 11. THE DRAWING DISBURSING OFFICER OF GOVT. MIDDLE SCHOOL , ADHPA BLOCK-PHULWARI SHARIF , PATNA 12. THE DRAWING DISBURSING OFFICER OF GOVT. PRIMARY SCHOOL , DHIBRA, BLOCK-PHULWARI SHARIF , DISTRICT – PATNA 13. THE DRAWING DISBURSING OFFICER OF PRIMARY SCHOOL , MADHOPUR, JUGGI JHOPARI BLOCK-PHULWARI SHARIF , DISTRICT - PATNA 14. THE DRAWING DISBURSING OFFICER OF GOVT. PRIMARY SCHOOL , SHORAMPUR BLOCK-PHULWARI SHARIF , DISTRICT - PATNA 15. THE DRAWING DISBURSING OFFICER OF MIDDLE SCHOOL ,MAHNGUPUR BLOCK- PHULWARI SHARIF , DISTRICT - PATNA 16. THE DRAWING DISBURSING OFFICER OF GOVT. PRIMARY SCHOOL , BAGHZAFFARKHAN BLOCK-PATNA SADAR, PATNA 17. THE DRAWING DISBURSING OFFICER OF UTTAKRAMIT MIDDLE SCHOOL , KHAPRAILCHAK BLOCK-PHULWARI SHARIF , DISTRICT - PATNA ----------- For the Petitioner in C.W.J.C. No. 693 of 2010: Mr. Sanjay Kumar, Adv. For the State: Mr. R.C.P. Bharti, S.C.-14 Mr. Md. Aslam Ansari, Adv. 2/ 18.05.2010 Heard counsel for the petitioners and the counsel appearing for the State. Petitioners are working as Assistant Teachers in such schools which are situated within 8 K.M. radius of the Patna Municipal Corporation. Niraj Kumar (C.W.J.C. No. 693 of 2010) is posted at up-graded Middle School, Fatehpur, Patna, since 2.6.2009. The 3 petitioners in C.W.J.C. No. 4430 of 2010 are working in different schools which are situated within 8 Kms radius of the Patna Municipal Corporation. The case of all these petitioners is that they are entitled for House Rent Allowance at the rate of 15% of their basic pay scale as per Rule 4 (B) (ii) of the Bihar State Employee (House Rent Allowance) Rules, 1980, since the date of their posting in these schools, and with effect from 01.01.2010 they are entitled for house rent allowance at the rate of 20% of their basic pay scale, in the light of the resolution of the State Government contained in Memo No. 12372 dated 31.12.2009. The condition for allowing House Rent Allowance to the Assistant Teachers, working in schools, situated within 8 Kms radius of the Patna Municipal Corporation is that there should not be any residential accommodation for such teaching employees of these schools. In this regard, the concerned Headmaster of the schools has to forward the applications of the Assistant Teachers working in the school, after holding an enquiry, to the D.D.C. Patna. Petitioners’ case is that all formalities are complete but, still they are not being allowed to receive the benefit of House Rent Allowance in the light of government’s own resolution. All these writ applications are being disposed of, giving direction to the concerned Headmasters of the schools, 4 where the petitioners are working, to forward his recommendation in favour the petitioners to the D.D.C. Patna, in case, it has already not been done. The D.D.C., Patna is directed to consider the recommendation sent in favour of the petitioners by the Headmasters of their concerned schools and allow the petitioners’ benefits of House Rent Allowance from the date of their joining in the concerned schools @ 15% of their basic scale with effect from the date of their joining in the concerned school and since 1.1.2010, at the rate of 20% of their basic salary. The order must be passed within four weeks from the date of production/communication of the order. Counsel appearing for the petitioners in C.W.J.C. No. 4430 of 2010 has made a submission that during the pendency of the writ application the House Rent Allowance has been paid to the petitioner No. 13, Ram Balak Rai, as such, a permission be accorded for withdrawal of application on behalf of Ram Balak Rai. It is allowed. Sanjeet/ (Mridula Mishra, J.)