GOVT OF RAJASTHAN Vs. RAKESH KUMAR
LAWS(DLH)-2007-8-430
HIGH COURT OF DELHI
Decided on August 31,2007

GOVT OF RAJASTHAN Appellant
VERSUS
RAKESH KUMAR Respondents

JUDGEMENT

- (1.) In this appeal the appellant has taken up a plea that the respondents are not entitled to House Rent Allowance and City Compensatory Allowance in view of the fact that they are not regularly appointed employees.
(2.) We have heard learned counsel appearing for the appellant as well as the learned counsel appearing for the respondent and perused the records. The fact that the respondents are regularly appointed employees was a fact established which is indicated from the fact that the learned Single Judge has observed in the judgment that the question of the respondents being regularly appointed employees is not in issue which was raised in the writ proceedings before him. In the same paragraph, namely paragraph 12, it is also mentioned by the learned Single Judge that the only contention that the respondents were not regular employees was also discussed and a finding was recorded in another proceedings where the said contention did not find favour, meaning thereby that it is established that the respondents were regular employees. In view of the aforesaid categorical finding of facts recorded by the learned Single Judge, in our considered opinion, there is no merit in this appeal. We find no infirmity with the order passed by the learned Single Judge. The respondents being regular employees would be entitled to House Rent Allowance and City Compensatory Allowance. There is no merit in this appeal. Dismissed.
(3.) The amount which is deposited in this Court shall now be released in favour of the respondents.;


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