- (1.) By Consent of the parties, we have heard both the appeal and the connected application wherein we are to decide mainly whether the appellant/petitioner is entitled to get full House Rent Allowance notwithstanding the fact that her husband is also drawing House Rent Allowance from his employer.
(2.) The appellant herein was appointed as a Junior Assistant in Vidyasagar University in the year 1989 and subsequently, she was promoted to the post of Senior Assistant. The husband of the appellant is an employee of Indian Oil Corporation and now posted at Paradip in the State of Orissa. In terms of Memorandum being No. 1691-F dated 23rd February, 2009 issued by the Finance Department, Audit Branch, Govt. of West Bengal, the house rent allowance admissible to a Government employee with effect from 1st April, 2009 is 15% of the revised basic pay subject to a maximum of Rs. 6000/- per month. The ceiling of house rent allowance drawn by the husband and the wife together has also been raised to Rs. 6000/- per month. The logic behind the aforesaid ceiling is that the husband and the wife are expected to reside under the same roof and, therefore, house rent allowance if provided to one would also cover the need of the other.
(3.) In the present case, the appellant and her husband are unable to share the same roof since the husband of the said appellant is posted at a different place outside the State of West Bengal. The principal questions raised before us for consideration are:- a) Whether the appellant/petitioner is entitled to get full House Rent Allowance irrespective of the fact that her husband is drawing House Rent Allowance from his Employer. b) Whether different provisions have been made in the concerned Revision of Pay & Allowance Rules for an employee who lives with his/her spouse in same house with those where the spouse lives in separate accommodation. The learned advocate representing the respondent University Authorities submitted that the employees of Vidyasagar University are governed by the rules regarding grant of House Rent Allowance as provided by the State of West Bengal. ;