IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.779 of 2002 1. KRISHNA SINHA wife of Jai Nandan Sharma, Head Mistress, Shahid Rama Nand Ram Govind High School, Punpun Patna. 2. Kailash Narain sinha s/o Ram Lakhan Pd. Singh, Assistant Teacher, Shahid Rama Nand Ram Govind High School, Punpun, Patna. 3. Ram Lakhan pd. Sinha s/o Late Ram Kripal Pd. Sinha, Assistant Teacher, Shahid Ram Nand Ram Govind High School, Punpun Patna. 4. Rajendra Pd. Son of Janki Pd. Assistant Teacher, Shahid Rama Nand Ram Govind High School, Punpun Patna. 5. Tarkeshwar Ram, son of Hirday Narain Ram, Assistant Teacher, Shahid Rama Nand Ram Govind High School, Punpun Patna. 6. Sadhu Saran Prasad Sri Govind Prasad singh, Assistant Teacher, Shahid Rama Nand Ram Govind High School, Punpun Patna 7. Devendra Prasad s/o Late Sukhdeo Singh, Assistant Teacher, Shahid Rama Nand Ram Govind High School, Punpun Patna. 8. Ram Naresh Singh, son of Late Ram Autar Singh, clerk, Shahid Rama Nand Ram Govind High School, Punpun Patna Versus 1. THE STATE OF BIHAR 2. the District Magistrate, Patna. 3. Sub-divisional Magistrate, Masaurhi, Patna. 4. Deputy Treasury Officer-cum- Executive Magistrate, Mashaurhi, Patna. … Respondents. With CWJC No.5303 of 2002 1. GOPI SINGH s/o Late Mahavir Singh, at present Incharge head master, Urdu Middle School, Paimar Ghat, Anchal- Poonpoon, District- Patna. 2. Bharat Kumar Pandey s/o Late Yamuna Pandey, at present Assistant Teacher, urdu Middle School, Paimarghat, Anchal Poonpon, DistrictPatna. 3. Lalan Paswan, s/o Shri Ramkaran Paswan, , at present Assistant Teacher, urdu Middle School, Paimarghat, Anchal Poonpon, DistrictPatna 4. Surendra Das, s/o Late Rampati Das, , at present Assistant Teacher, urdu Middle School, Paimarghat, Anchal Poonpon, District Patna. 5. Jagat Prasad Singh, s/o Late Harinandan Prasad Singh, , at present Assistant Teacher, urdu Middle School, Paimarghat, Anchal Poonpon, District Patna … Petitioners. Versus 1. THE STATE OF BIHAR 2. the Deputy Development Commissioner, Patna. 3. The District Superintendent of Education, Patna District Patna. 2 4. The Sub-divisional Officer, Masaudhi, District Patna. … Respondents. with CWJC No.5318 of 2002 1. WAKIL PD.SINGH, son of late Yogeshwar Singh, resident of Mohalla- Saristabag, Police Station Gardanibag, District Patna. 2. Shyam Kishore Sharma, son of Shri Ram Lakhan Mistri, resident of Road No. 3, House No. 1, Khas Mahal Chiraiyatar, District Patna. 3. Smt. Shakuntala Kumari, wife of Shri Suresh Singh, resident of Mohalla- Sheikhpura, Vetinary College, Police Station- Shastri Nagar, District Patna. 4. Smt. Shanti Devi , wife of Raj Ballav Singh, resident of Mohalla- sipara, police Station Jakkanpur, District Patna. 5. Deo Sharan Das, son of Late Ram Das Paswan, resident of Mohalla- Saristabad, police Station Gardanibag, District Patna. Petitioner No. 1 to 5 at present working as head Master and assistant Teacher in Middle School, Punpun Police station- Punpun District Patna. 6. Shri Ram Naresh chaudhari, son of Late Sajiwan Chaudhary, resident of Sola Palace, Ashok Raj Path Mahendru, District Patna. 7. Ram Bhajan Singh, son of late Bhagwan singh, resident of Mohalla- Indrapuri, police Station Patliputra, District Patna. 8. Bhola Chaudhary,son of Shri Ram Jiwan Chaudhary resident of F I. B. Kankarbagh, District Patna. Pettiioner No. 6 to 8 are Assistant Teacher in Kanya Primary School, Punpun, police Station Punpun,District Patna. 9. Mojib Hasan, majib hasan @ Taranum Siddique, son of late Abdul Rahman, resident of mohalla- Jubair, Nagar Nausa House, Lodi Katra, Police Station- Khajekalan, District Patna. 10. Firoj Anjum, son of Shri M. H. T. Siddique, resident of Mohalla- Moid Alam, Alam Chamber, Umar Daraz Lane, Lodi Katra, Police Station Jekalan, Patna City, District Patna. Petitioner No. 9 and 10 are assistant teacher in Urdu primary School, Punpun, police Station Punpun, District Patna. 11. Smt. Kalpana Kumari, wife of narendra Prasad Singh, resident of Chankaya Puri, Raja Bazar, Post Office Vetinary College, District Patna. At present working as Assistant Teacher in Primary school (Jhungi Jhopri) Manoharpur (Manora), Police Station Punpun, District Patna. 12. Nageshwar Prasad Singh, son of late Ishwari Prasad Singh, resident of Sona Palace, Ashok Raj Path, Mahendru, District Patna. 13. Shri Dhuri Das, son of Late Somar Das, resident of Mohalla, Bharatpur, Simali, Malsalami, District Patna. 3 Petitioner No. 12 and 13 are working as Assistant Teacher in Primary, School, Manora, Police Station Punpun, District Patna. 14. Nagina Prasad yadav, son of Late Govind Prasad Yadav, resident of Mohalla- Chiraiya Tar, Prithvi Pur, Gali No. 1, District Patna. 15. Ram Awadhesh Sharma, son of late Sudheshwar Sharma resident of Mohalla Chandpur Bela, police Station Jakkanpur, District Patna. Petitioner No. 14 and 15 are assistant teacher in Primary School, Barahiya Kol, Police Station Punpun, District- Patna. 16. Karu Chaudhary, son of late Budhan Chaudhary, resident of Mohalla- Mahatma Gandhi nagar, Police Station Agam Kuan, District Patna. 17. Birendra Kumar Pandey, son of late Nand Pandey resident of Mohalla Kadam Kuan, Police station Kadam Kuan, District Patna. Petitioner No. 16 and 17 are assistant teacher in Primary school, Alawalpur, Police Station Punpun, District Patna. 18. Durga Singh, son of late Tunmun Singh, resident of Mohalla- Sipara, Police Stationp- Jakkanpur, District- Patna. 19. Rajanu Pandey, son of Late Bidyannad Pandey, resident of Mohalla- Khajanchi Road, Police Station- Kadam Kuan, District Patna. Petitioner No. 18 and 19 are assistant teacher in Primary School, Rasil Chak, Punpun District Patna. 20. Smt. Damyanti Devi, wife of Sheo Brat Singh, resident of Mohalla- Gandhi Nagar, Post Office Lohiya Nagar, Kanti Factory, Road No. District Patna. 21. Rajesh Kumar son of Shri Jagarnath Gupta, resident of Jogiya Tola, District Patna. At present resident of Mohalla- Mohanpur, Devi Asthan, Punaichak, District Patna. 22. Diwali Chaudhary, son of late Charitra Chaudhary, resident of Mohalla- Jay Prakash Nagar, Petitioner No. 20 to 22 are assistant teacher in Primary School, Alauddin Chak, Punpun, District Patna. 23. Smt. Rajwanti Kumari, wife of Shri Deo Narayan Prasad, resident of village Sipara, Police Station- Jakkanpur District Patna at present working as Assistant Teacher in Primary School (Jhungi Jhopri) Allauddin Chak, Punpun District Patna. … Petitioners. Versus 1. THE STATE OF BIHAR 2. the District Magistrate, Patna. 3. The Deputy Development Commissioner, Patna. 4. The Sub Divisional Magistrate, Masaurhi, Patna. 4 5. The District Superintendent of Education, Patna. 6. The Sub Treasury Officer, Masaurhi, Patna. … Respondents. With CWJC No.5385 of 2002 1. CHANDESHWAR PRASAD s/o late KHubal Singh, at present working as Asst. Teacher in Primary School, Dularpur, Poonpun, Patna. 2. Kamlesh Sharma s/o Late Saryu Sharma, at present Head Master, Primary School, Lakhanpur, Poonpon, District Patna. 3. Shailendra Kumar Sinha, s/o Late Ramanand Singh at present working as Asstt. Teacher, Primary School Lakhanpur, Poonpoon, District Patna. 4. Rajdeo Singh s/o Ram Bilash Singh, at present working as Assistant Teacher, Middle School, Sripalpur, Poonpoon, District Patna. 5. Baleshwar Paswan, s/o Late Kallu Paswan, at present working as Assistant Teacher, Middle School, Sripalpur, Poonpoon, District, Patna. 6. Ayodhaya Singh, s/o Ram Bhagwan Singh, at present working as Assistant Teacher, Middle School , Sripalpur, Poonpoon, District, Patna. 7. Rajendra Mochi, s/o Barhamdeo Mochi, at present working as Assistant Teacher, Middle School,Sripalpur, Poonpoon, District, Patna. 8. Ravi Kant Prasad, s/o Late Baldeo Singh at present working as Incharge Head Master, Middle School, Sripalpur, Poonpoon, District, Patna. 9. Pramod Kumar Singh, son of Sri Ramlakhan Singh, at present working as Assistant Teacher, Primary School,Samkura Poonpoon, District, Patna. 10. Rajesh Kumar s/o Sri Nand Keshwar Prasad at present working as Assistant Teacher, Primary School, Harichak, Poonpoon, District, Patna. 11. Arjun Sharma son of Late Bishanu Sharma, at present working as Head Master, Primary School Harichak P. S. Harichak, Poonpoon, District, Patna. 12. Smt. Madhu Ojha, d/o Karishan Chand Ojha, at present working as Assistant Teacher, Middle School, Sripalpur, Poonpoon, District, Patna. 13. Prabhat Kumar Singh son of late Ram Narayan Singh, working as Head Master, Primary School, Chiniabella, Poonpoon, District, Patna. 14. Md. Masud, s/o Late Md. Rasool Bakhs, at present working as Head Master, Ghungi Ghophri, P. S. Dularpur, Poonpoon, District, Patna. 15. Savitry Sinha w/o Sri Ramashish Prasad, at present working as Assistant Teacher, G.G.P.S. Dularpur, Poonpoon, District, Patna. 5 16. Pushpa Kumari, w/o Sri Satendra Pd. Singh, at present working as head Master, G.G.P.S. Aharapur, Sripalpur, Poonpoon, District, Patna. 17. Kedarnath, s/o Ram Eqawal Roy, at present working as Assistant Teacher, G.G.P.S. Samkura, Poonpoon, District Patna. 18. Binod Kumari D/o Raghunandan Ram, resident of village- TOP, P. O. Top, P. S. Pathuhan, District Patna. 19. Amarendra s/o Late Wed Prakash Mishra, at present working as head Master, P. S. Kamkura, Poonpoon, District Patna. … Petitioners. Versus 1. THE STATE OF BIHAR 2. The Deputy Development Commissioner, Patna. 3. The District Superintendent of Education Patna, District Patna 4. The Sub-Divisional Officer, Masoudhi, District Patna. …Respondents. With CWJC No.5058 of 2002 1. KAMLESHWAR PANDEY, son of Late Nathuni Pandey, posted as Assistant Teacher, sahid Ramanand Ramgovind Singh High School, Punpun, Patna resident of village Nagopur, Post Office Pirouta, District Bhojpur. 2. Matiur Rahman, son of Khalolur Rahman, posted as Assistant Teacher, Sahid Ramanand Ram Govind Singh High School, Punpun Patna resident of village sinki Chak, P. O. Sandesh, District Bhojpur…. Petitioners. Versus 1. THE STATE OF BIHAR 2. The District Magistrate, Patna. 3. The Deputy Development Commissioner, Patna. 4. The Sub-Divisional Officer, Mashori, District Patna. 5. The Sub-Treasury Officer, Mashori, District Patna. … Respondents. ----------- For the Petitioners : Mr. Arasind Nath Pandey, Adv. : Mr. Binoy Kumar Singh, Adv. : Mr. Bipin Bihari Singh, Adv. : Mr. S. K. Ranjan, Adv. : Mr. Shyama Kant Singh, Adv. For the State : Mr. S. K. Mandal, SC 15 : Mr. Prabhat Kumar Singh, A.C. to G.A. 1 : Mr. Prabhat Kumar, A. C. to G.A. 3 9. 12.07.2010 Heard learned counsel for the petitioners and learned counsel for the 6 State. In all these writ petitions, basically only one question has been raised though the prayer therein has been clothed in different manner. Such question is with regard to entitlement and payment of house rent allowance. It is not in doubt that in the report of the pay revision committee as accepted by the State Government the house rent allowance (HRA) is one of the admissible allowance which is payable on fulfillment of certain terms and conditions. In fact to that extent, there is also a statutory rule in Bihar Rajyakarmchari Bharha and Bhatta Niyamawali, 1980. The grievance of the petitioner is that when the State Government by a specific order contained in Letter No. 5810 dated 4.8.1984 had laid down certain conditions for grant of HRA and the petitioners had also been given the same by the competent authority, its payment could not have been stopped under the order of Sub- divisional Officer. In this context, counsel for the petitioners have specifically relied on letter of the Secretary to the Education 7 Department No.1150 Dated 26.4.1986 delegating power of sanctioning and the payment of HRA in respect of teachers of Primary School, Basic Schools and other schools in the Deputy Development Commissioner (D.D.C.) of the District. Such delegation of power according to the petitioners makes the DDC the sole repository with regard to sanction and payment of HRA to the teachers of different schools. The grievance of the petitioners therefore is that when by an individual order they were sanctioned and in fact were also paid HRA in terms of policy decision of the State Government, its sudden stoppage under the orders of the Sub-Divisional Officer was not only bad but also without jurisdiction. Mr. Rajendra Prasad Singh, learned counsel for the petitioner to that extent has also gone to submit that as a matter of fact, after such stoppage was made and the petitioners had moved this Court, some orders were passed in justification to the impugned action with regard to stoppage of payment of HRA. 8 Counsel for the State on the other hand with reference to the facts stated in the counter affidavit would submit that as matter of fact the very grant of HRA under the various orders of DDC was bad and/or in violation of Government policy and rules. In this context, much stress has been given by them on the distance portion between place of working and place of residence of the petitioners inasmuch as according to the counsel for the State the touchstone distance is of eight kilometers. In the opinion of this court, the Sub-divisional Officer even if he had found certain discrepancies in grant/payment of HRA to the petitioners, he had to bring this fact to the notice of DDC who was not only the person delegated such power by the Education Department, the administrative department referable to order of the Finance Department in Letter No. 5810 dated 4.8.1984 but also even otherwise the author of the individual grant of benefit to the petitioners by way of sanction and payment of HRA. It was thus for the DDC to find out as to whether the terms 9 and conditions imposed by him in the individual le tters sanctioning HRA to the petitioners was followed in letter and spirit by the Drawing and Disbursing Authority or not. That having not been done, this Court cannot approve the action of the Sub- divisional Officer in stoppage of the payment of HRA inasmuch as Sub divisional Officer is definitely a sub-ordinate authority to the Deputy Development Commissioner and the power has been vested exclusively in the DDC by the Secretary to the Education Department. Any action detrimental to the petitioners either by way of stopping or reducing or cancelling the payment of HRA has to be necessarily passed by the authority who had been delegated such power. Consequently, the order stopping payment of HRA to the petitioners by the SDO in these cases are hereby set aside and the matter is remitted to the Deputy Development Commissioner (DDC) Patna, who now will go into the individual cases of all these petitioners and would record his order after 10 considering the facts of each of the petitioners in the same manner in which he had issued the individual order for grant and/or sanction of their HRA. In order to expedite the matter, this Court would direct each of the petitioners to file his separate individual representation along with supporting documents for claiming the payment of HRA and on receipt of such representation the DDC will pass the necessary order within a period of six months from the date of its receipt in his office. It goes without saying that if DDC holds the petitioners or any of them or some of them to be not entitled for payment of such HRA which would also require cancelling his earlier order of sanction and payment of HRS to the petitioners, he would give his reason in support of the same. Since the petitioners have stood deprived and also remained uncertain about admissibility and payment of HRA for long 8 years and their payment has been restricted only to 5 percent (though their claim is 15 11 percent), the DDC, Patna will ensure prompt disposal of the representation of the petitioners within the aforesaid fixed time frame strictly in accordance with law including the government rules and circulars on the subject. With the aforementioned observation and direction, these writ petitions are disposed of. kanchan (Mihir Kumar Jha, J.)