IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14723 of 2009 1. SARJAN PANDIT S/O BALRAM PANDIT MOHALLA- JAI PRAKASH NAGAR, P.S.- JHAKANPUR, DISTT.- PATNA Versus 1. THE STATE OF BIHAR 2. THE DISTRICT SUPERINTENDENT OF EDUCATION PATNA 3. THE DEPUTY DEVELOPMENT COMMISSIONER PATNA 4. THE HEAD MASTER PRIMARY SCHOOL KANAUJI, SAMPATCHAK, PATNA ----------- 2 9.2.2010 Heard counsel for the petitioner and the counsel appearing for the State. Petitioner is an Assistant Teacher posted at Primary School, Kanauji Sampatchak. The School in question is situated within the radius of eight Kilometres from the Patna Municipal Corporation. Petitioner’s case is that the provision under Bihar State Employees ( House Rent Allowance) Rule, 1980 all such teachers working in such Government Schools which are situated within the radius of eight kilometers of Patna Municipal Corporation or the Notified Area committee are entitled for house rent allowance and city compensatory allowance. The teachers are entitled for house rent allowance and city compensatory allowance in case the school in question has no housing accommodation for its’ employees. Petitioner’s case is that there is no provision for residential accommodation of the 2 teachers working in the concerned school. As provided under the Rule, the Headmaster of the School has already made recommendation in favour of the petitioner for allowance of house rent allowance and city compensatory allowance, still he is not being paid and the District Superintendent of Education ,Patna and Deputy Development Commissioner, Patna, who are responsible for grant of these allowances are not passing necessary orders in this regard. Petitioner has been transferred and posted in this school on 28.12.2007 and as per Clause 4 (b) (11) (2) of 1980 Rules, he is entitled for payment of house rent allowance and city compensatory allowance with effect from the date of his posting in the concerned school. This application is being allowed directing the District Superintendent of Education, Patna and Deputy Development Commissioner, Patna to issue necessary orders for payment of house rent allowance and city compensatory allowance to the petitioner as per the recommendation of the Headmaster of the school with effect from the date of his posting in the school i.e. 28.12.2007. This benefit will be availed by the petitioner till the date he will remain posted in this School. Necessary orders must be issued and payment 3 must be made to the petitioner within a period of four weeks, from the date of production/communication of this order. (Mridula Mishra,J.) A.Kumar