IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1711 of 2006 MADHAV CHOUDHARY, S/O Late Maujelal Choudhary, R/O Village- Raje, P.O. & P.S. Manigachi, District- Darbhanga. At present posted: Assistant Teacher Upgraded Middle School, Karhattiya, P.O.- Karhattiya via Pindaruch, Distt- Darbhanga. ..........Petitioner. Versus 1. THE STATE OF BIHAR through the Director, Primary Education Bihar, Patna. 2. The Collector Cum Chairman, District Establishment Committee, Darbhanga. 3. The District Superintendent of Education, Kilaghat via Lalbag, C.M.Arts College, Darbhanga. 4. The Block Education Officer, Karhatiya, P.O. Lalbag, District- Darbhanga. 5. Head Master Cum Drawing Disbursing Officer, Middle School, Sunderpur, P.O. Lalbag, District- Darbhanga. 6. Incharge Head Master, Village: Sheshodih, P.O.Sheshodih via Lalbag, District: Darbhanga. .........Respondents. ----------- 2 07.01.2011 The present writ application has been filed for quashing the order dated 30.12.2000 and 08.01.2001 (as contained in Annexure 1 and 1/A, respectively) whereby the petitioner being Assistant Teacher in the Government Primary School was directed to deposit Rs. 25050.00, which was drawn by the petitioner as House Rent Allowance, on the ground that both, husband and wife are not entitled to receive the House Rent Allowance, as the wife of the petitioner being a Teacher in a Government School has also drawn House Rent Allowance which was not permissible. A prayer has also been made for - 2 - payment of House Rent Allowance which has been withheld since September, 1999, without giving any notice to the petitioner. It is also prayed for payment of House Rent Allowance on monthly basis as per the law. It is well settled law that both husband and wife, if posted at the same place, cannot receive House Rent Allowance. Learned counsel for the petitioner confines his prayer in view of the representation, as contained in Annexure- 5, that instead of stopping of House Rent Allowance of the petitioner, his wife’s House Rent Allowance should be stopped since she was appointed, much subsequent to the petitioner. Learned counsel for the State has no objection to the prayer of the petitioner. Learned counsel for the State further submits that the respondents will consider the claim of the petitioner to the extent of non-payment of the House Rent Allowance to the wife of the petitioner instead of non-payment to the petitioner. In view of the aforesaid stand of the - 3 - parties, the present writ application is disposed of with a liberty to the petitioner to make a representation before Director, Primary Education within a period of three moths of the receipt of the order, when the Director, Primary Education may consider the stoppage of payment of House Rent Allowance to the wife of the petitioner from the date of her appointment and adjust the excess payment of House Rent from the future House Rent Allowance of the petitioner and pass necessary orders in accordance with law within a period of six weeks of filing of the representation. With the observation above, the writ application is disposed off. The orders dated 30.12.2000 and 06.01.2001, as contained in Annexure 1 and 1/A, respectively, are hereby quashed and the writ application is allowed to the extent as indicated above. Bhardwaj (Dinesh Kumar Singh, J.)