S.J.MUKHOPADHAYA, J. - (1.) THE petitioner, a Senior Executive Engineer of M/s. Bharat Coking Coal Limited (for short BCCL) has challenged the order dated 19th January, 1994, whereby and whereunder, the General Manager (EE), BCCL, Dhanbad informed the General Manager (HRD), BCCL, Dhanbad that the petitioner is drawing House Rent Allowance, though his wife Smt. Tara Kumari Singh, Head Mistress of Nehru Balika Vidyalay at Bhuli has been allotted Company 'saccommodation at Bhuli with effect from 26th June, 1991. It was further informed that the competent authority has discontinued the grant of House Rent Allowance and it was directed to recover the payment of House Rent Allowance already made to the petitioner w.e.f. 26th June, 1991.
(2.) THE consequential letter of recovery, contained in Ref:BCCL/HRD/DS/175, dated 21st January, 1995 issued by the General Manager (HRD), Dhanbad for recovery of amount w.e.f. 26th June, 1991 has also been challenged. Admittedly, the wife of the petitioner Smt. Tara Kumari Singh is not in the services of BCCL. She was Head Mistress of a Private School aided by the BCCL. She was allotted the Company 'sQuarters earmarked for the Head Mistress of the School, w.e.f. 26th June, 1991. The only question arises whether the petitioner in such circumstances, was entitled to get House Rent Allowance or not.
(3.) ONE of the grounds taken by the petitioner is that he was not residing with his wife being posted about 8 kms. away from the Quarters allotted to his wife. The petitioner claimed that he was residing in a rented house of one Shri Akhilesh Prasad Singh and produced relevant rent receipts in support of his claim. But the aforesaid stand taken by the petitioner was not accepted by the respondents. According to the respondents, the petitioner merely affixed a name plate in the aforesaid private house, but was residing with his wife.;