S.J.MUKHOPADHAYA, J. - (1.) THIS writ petition has been preferred by the petitioner Bhola Thakur, Secretary, Jharkhand Non - Gazetted Workers Union, Ranchi, Bokaro Branch, Bokaro Steel City, Bokaro (hereinafter to be referred as the 'Workers Union ') against the order, contained in Memo No. 3 M -2 -6 - 2000 -4737/Bihar, Patna dated 8th July, 2000, as circulated vide Memo No. 772, dated 25th August, 2000, whereby and whereunder, the Finance Department of Government of Bihar informed all the departmental heads that the Government employees, who have been allotted quarters of TISCO at Jamshedpur; Bokaro Steel City, Bokaro and H.E.C., Ranchi, will not get the House Rent Allowance in the light of Finance Department 'sMemo No. 5011, dated 5th May, 1981, as the quarters allotted to them shall be deemed to be Government quarters.
(2.) THE petitioner claims to be the Secretary of the Union of Non -Gazetted Government of Jharkhand Employees, who are posted at Bokaro and occupying quarters of Bokaro Steel Plant in the Bokaro Steel City, Bokaro. According to the petitioner; the impugned order has affected all the State of Jharkhand employees, who are posted at Bokaro and have been provided with the quarters of Bokaro Steel Plant in the Bokaro Steel City, Bokaro. The only question, which requires determination in this case, is "weather the Government of Jharkhand employees, posted at Bokaro, who are occupying quarters of Bokaro Steel Plant in the Bokaro Steel City, Bokaro, are entitled for House Rent Allowance. To determine the issue, it is necessary to notice certain guidelines, issued by the then combined State of Bihar, followed by guidelines, issued by the State of Jharkhand. Initially by Memo No. 8 -M 1 6083/80/5014, dated 5th May, 1981, it was decided that House Rent Allowance will be paid only to those Government Servants, who are occupying quarters of Public Undertaking on rent having taken directly from the Management of Public Undertaking of their own. It was further decided that those Government employees occupying quarters of Public Undertaking, allotted by the State Government, shall not be paid House Rent Allowance. Another guideline was issued from the Finance Department of the then combined State of Bihar vide Notification No. 3/A -1 -3 -1/87/7749/.B/2, dated 18th December, 1987, whereby, it was indicated that those Government employees, who have been allotted rental flats of Bihar State Housing Board and/or are taking house on rent, will also get House Rent Allowance as the house/quarters, occupied by them shall not be treated as Government quarters.
(3.) ACCORDING to the counsel for the petitioner, in view of Notification No. 7749, dated 18th December, 1987, the State Government never treated the quarters of Bokaro Steel Plant, occupied by the State Government employees, as Government quarters and all the Government employees were provided with House Rent Allowance. Subsequently, the impugned order No. 3 M - 2 -6 -2000 -4737/Bihar, Patna dated 8th July, 2000, circulated vide Memo No. 772, dated 25th August, 2000 was issued by the Finance Department of the then combined State of Bihar, whereby, it was informed that the Government employees, who have been allotted quarters of TISCO at Jamshedpur; Bokaro Steel Plant at Bokaro Steel City, Bokaro and H.E.C., Ranchi will not get House Rent Allowance in the light of Memo No. 5011, dated 5th May, 1981 as the quarters, occupied by them, will be deemed to be Government quarters. According to the counsel for the petitioner, the quarters of Bokaro Steel Plant, occupied by the State Government employees, cannot, be deemed to be the Government quarters, as the rent is being charged directly by the authorities of Bokaro Steel Plant from the occupants at a much higher rate than the Government rate.;