Virendra Kumar, J. - (1.) THIS petition is infact directed against the stoppage of house rent allowance to the petitioners who claim payment of the same and also a direction to restrain the Opposite Parties from recovering the house rent allowance already paid to them. The petitioners are teachers in Janta Inter College, Baikunthpur at Noonkhar, District Deoria. It is a recognised institution and the salaries of the teachers of the same is paid in accordance with the terms of U.P. Act No. 24 of 1971. By Govt. Order dated 15th September, 1981 contained in Annexure 1 coupled with subsequent Govt. orders dated 29 -12 -81 contained in Annexure No. 2 and 3, the Govt. order for payment of house rent allowance to the teachers of the recognised institutions was made applicable to those employed in the Intermediate Colleges situated within the municipal limits or within 8 Kms. of the municipal limits in the districts named in the Govt. order contained in Annexure 2. Deoria was one of the districts. After obtaining the report from certain officiate officers in the District of Deoria, the petitioners were paid house rent allowance on the ground that the said college situated within 8 Kms. from the municipal limits of Deoria. Later on, a letter dated April 28, 1984 was issued from the office of the District Magistrate, Deoria specifying the villages falling within 8 Kms. from the municipal limits of Deoria. After the issuance of this order the house rent allowance which was being paid to the petitioners was stopped with effect from April, 1984 on the ground that the said college did not situate within 8 Kms. from the municipal limits of Deoria.
(2.) COUNTER affidavit has been filed to this effect that the said college is beyond the radius of 8 Kms. and hence, the petitioners are not entitled to the house rent allowance. However, the fact is that after the receipt of the report about the distance from the certain officials/officers of the district of Deoria contained in Annexure 5, the payment of house rent allowance was made to the petitioners for certain months, obviously, on the ground that the said college is situated within 8 Kms. from the Municipal limits of Deoria. The writ petition is finally disposed of with this direction that the petitioner shall be entitled to the house rent allowance at the permissible rate and no recovery for the amount already paid to the petitioners as house rent allowance shall be made unless it is found by the District Magistrate, Deoria that the said college is situated beyond the distance of 8 Kms. from the municipal limits of Deoria.;