KANDARPA KANTA SARMA Vs. UNION OF INDIA AND 3 ORS
LAWS(GAU)-2018-5-90
HIGH COURT OF GAUHATI
Decided on May 21,2018

Kandarpa Kanta Sarma Appellant
VERSUS
Union Of India And 3 Ors Respondents

JUDGEMENT

Suman Shyam, J. - (1.) Heard Mr. U.K. Nair, learned senior counsel assisted by Mr. M.P. Sharma, learned counsel appearing for the petitioner. We have also heard Dr. B.N. Gogoi, learned Standing Counsel, NF Railway, appearing on behalf of the respondents.
(2.) By filing this writ petition, the petitioner has challenged the judgement and order dated 30/01/2015 passed by the learned Central Administrative Tribunal (CAT), Guwahati Bench in Original Application No. 119/2003, rejecting the prayer made by the petitioner for payment of House Rent Allowance (HRA) for the period from 25/09/2007 to 13/07/2007.
(3.) The facts of the case, briefly stated, are that the petitioner is an employee of the North East Frontier Railway. While serving as the Vigilance Officer, Accounts, in the office of the Chief Vigilance Officer, N.F. Railway, Maligaon, the petitioner had occupied a Type II Quarter allotted by the N.F.Railway authorities. Subsequently, the petitioner had constructed his own residential house after obtaining due permission of the departmental authorities and had shifted there on 22/09/2007 by vacating his official accommodation. The petitioner had claimed HRA with effect from 25.09.2007 i.e. the date from which the quarter vacated by him was allotted to another railway official but the respondents had granted HRA to the petitioner with effect from 14/07/2009 on the ground that Type-IV quarters, which the petitioner was entitled to, were available for occupation during the period from 22/09/2007 till 13/07/2009 and therefore, under the existing norms he was not entitled to HRA during the that period. Aggrieved by the decision of the authorities permitting him HRA only with effect from 14/07/2009 instead of 25.09.2007 as claimed by the petitioner, he had approached the learned Central Administrative Tribunal, Guwahati Bench by filing OA No. 119/2013, which was rejected by the impugned judgement and order dated 30/01/2015. Aggrieved thereby, the present petition has been filed.;


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