Rakesh Tiwari - (1.) -Heard counsel for the parties.
(2.) THE petitioner is a teacher in primary school. She alleges that the House Rent Allowance which was being paid to her has been stopped on the ground that only either of the spouse is entitled for House Rent Allowance. Her husband who was teacher in the intermediate college was also availing the facility of House Rent Allowance from his college. The counsel for the petitioner has placed reliance upon order under the State Government Employees Rules dated 15th December, 1981. They are as under : ...[VERNACULAR TEXT OMMITED]... Reliance has also been placed upon an amendment made by G.O. dated 17.12.1988 in rate of H.R.A. for teaching and non-teaching employees of Uchchtar Madhyamik School who were living in rented houses or in their own houses. It is as under : ...[VERNACULAR TEXT OMMITED]...
(3.) THE G.O. is not applicable to the petitioner as she is teacher in primary school and not in Uchchtar Madhyamik School. On the basis of the aforesaid rules he contends that the petitioner was entitled to get the house rent allowance as she and her husband were living in their own house. The aforesaid G.O. provides that if otherwise House Rent Allowance is payable, it would be payable to both, the husband and the wife. House Rent would be available only to one of the spouse even if they are living in the same House.;