LAWS(MAD)-2010-2-263

UNION OF INDIA Vs. MR R N GHOSH

Decided On February 23, 2010
UNION OF INDIA, REP.BY THE SECRETARY, MINISTRY OF DEFENCE, DIIQ PO., NEW DELHI Appellant
V/S
R.N. GHOSH Respondents

JUDGEMENT

(1.) THE respondents 1 and 2 herein were transferred from Kolkatta to Chennai respectively on 19.11.2003 and 12.11.2003 and they have applied for quarters with the respondents, but they were not available at that time. THE procedure for payment of HRA to the employees, being followed by the petitioners' Department seems to be that the Quartering Committee would scrutinize the applications received and subject to availability of quarters, they will allot the quarters to the employees and if quarters are not available, then, a 'No Accommodation Certificate' will be issued. But, in the case on hand, even though the respondents 1 and 2 are eligible for Type III quarters, those quarters were unavailable as per the report of the Quartering Committee dated 25.11.2003 and 23.12.2003. Since the quarters were not available, necessarily, the respondents 1 and 2 have hired private accommodations and they were also issued with a 'Non-availability certificate' for the purpose of drawing House Rent Allowance on 12.2.2004. THEreafter, on 1.3.2004, Type-III Quarters were allotted to the respondents 1 and 2, but since by that time, they have already hired private accommodations, they have expressed their inability to occupy the quarters and as such, the allotments made in favour of the respondents 1 and 2 were cancelled by the order dated 6.4.2004 stating that the respondents 1 and 2 have 'refused accommodation' when it became available. In the said order it was also stated that the persons who are not allotted accommodation at the time of their arrival to the station should wait till quarters are allotted on their turn depending upon their priority and eligibility and that the case of these respondents 1 and 2 was kept in the waiting list for issuance of allotment upon availability of accommodation and on 10.4.2004, No Accommodation Certificates were also issued to the applicants/respondents 1 and 2 for the period starting from the date of their arrival till 29.2.2004 and not thereafter i.e. from 1.3.2004 and HRA was also not paid to the respondents 1 and 2 insisting No Accommodation Certificates to be produced by them. Challenging the said action of the petitioners, the respondents 1 and 2 herein have filed O.A.No.610 of 2006 before the Central Administrative Tribunal, Chennai/the 3rd respondent and since the said Tribunal has allowed the O.A., the respondents therein have come forward to file this writ petition.

(2.) THE case of the petitioners/administration is that the respondents 1 and 2 have requested for issuance of 'No Accommodation Certificate', but as per the rules in force, such a certificate can be issued only when the Government Accommodation was not provided/available and therefore the same was not issued beyond 29.2.2004. It has also been stated that the second petitioner vide their letter No.81397/DGQA/ADM/RMD(CW), dated 20.8.2004 stated that those drawing HRA prior to 7.3.2004 should not be asked to produce the No Accommodation Certificate and the second petitioner by their further letter dated 13.6.2005 further clarified that till the procedure for regulation for grant of 'No Accommodation Certificate' is finalized, HRA shall be paid to all employees who are not in possession of Government Accommodation till further orders. Accordingly, bill drawing HRA in respect of the respondents 1 and 2 was sent by the petitioners 3 and 4 to the 5th petitioner and even though it was confirmed by the second petitioner that letter dated 13.6.2005 was issued only after getting approval from the competent authority i.e. Ministry of Defence, the HRA claim was not admitted by the 5th petitioner and it was further insisted by the 5th petitioner for obtaining financial concurrence from the appropriate level for issue of letter dated 13.6.2005. THE petitioners further state that the second petitioner vide their letter No.A/81397/DGQA/ADM/RMD (CW), dated 6.10.2008 have now intimated that the earlier Note dated 13.6.2005, withholding implementation of SRO-31 and relevant provisions for grant of HRA without No Accommodation Certificate has been cancelled and grant of HRA will be made in accordance with SRO-31 and therefore this changed circumstance has necessitated the filing of this writ petition.

(3.) WHEN the Tribunal has passed the orders on 7.3.2008, directing the writ petitioners herein to grant benefits to the applicants/respondents 1 and 2, even though the order copy was obtained by the writ petitioners as early as on 6.5.2008 and the third petitioner has also forwarded the claim of the respondents 1 and 2 to the 5th petitioner narrating the order of the Tribunal on 8.5.2008, no step has been taken on the part of the 5th petitioner to comply with the direction of the Tribunal. But, subsequently, relying on the communication dated 6.10.2008 issued by the second petitioner, cancelling the earlier order dated 13.6.2005, this writ petition has been filed on 14.11.2008. We are not in a position to appreciate the action of the 5th petitioner in rejecting the claim of the respondents 1 and 2 and continuously insisting for No Accommodation Certificate for them, ignoring the fact that similarly placed employees have already been granted with the HRA and thus equals are being treated unequally.