- (1.) The points involved in this Regular Second Appeal are fully covered by a decision of the division Bench of this Court in C.W.P. No. 10596 of 1989 (Prem Kumar and ors. v. State of Punjab and ors.), decided on February 20, 1990. The claim of the petitioners is for the grant of House Rent Allowance and City Compensatory Allowance as allowed by the State Government to its employees.
(2.) The petitioners are teachers in the Khalsa High School, Gurdaspur, which is within ten miles from the border. This school is aided by the State Government to the extent of 95%. The Division Beach in the case of such like teachers posted at Ferozepore, which is also within ten miles from the border, allowed the concession of House Rent Allowance which was payable to the employees of the State.
(3.) Sh. S.S. Saron, A.A.G. Punjab, appearing on behalf of the respondent. relied upon a decision of the Division Bench in Nand Lal and another v. Punjab State and others,1990 1 RSJ 131on the proposition that grant of allowances are under the instructions and such instructions do not create any right which could be enforced in the course of law if such instructions are withdrawn. The ratio of the decision in that case be applied to the facts of the case in hand. There are no instructions for withdrawal of the allowance as applicable to the border districts. The present is a case of discrimination. When employees of the State stationed in the border districts such as Ferozepore and Gurdaspur are allowed higher House Rent Allowance or City Compensatory Allowance, there is no reason to deny the same to the teachers of the schools aided by the Government. Such a case is squarely covered by the decision of the Division Beach in C.W.P. No. 10596 of 1989 referred to above. Dismissed. No order as to costs.;