IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (S) No. 703 of 2009
Kartik Charan Jha ... ... Petitioner.
Versus
The State of Jharkhand & others ... ... Respondents
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CORAM: HON'BLE MR. JUSTICE D. N. PATEL
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For the Petitioner : M/s A.K. Sinha, Krishna Shankar
For the Respt. Nos. 1 & 2 : J.C. to G.A.,
For the Respt. Nos. 3 & 4 : S. Srivastava
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st
02/ Dated 1 July, 2009
1. This petition has been preferred mainly for getting pay
slip in favour of the petitioner after inclusion of House Rent
Allowance. The petitioner is Joint Commissioner (Administration), in
Jamshedpur Division, Jamshedpur of Commercial Tax Department.
2. I have heard counsel for the petitioner, who has
submitted that as per the House Rent Allowance Rules, 1980
(hereinafter referred to as the Rules, 1980, for the sake of brevity)
issued under 162 of the Constitution of India whereby, the petitioner
if not residing in the house of State Government or Central
Government or any undertakings thereof or house of Municipality,
Port Trust, Nationalized Bank, Life Insurance Corporation of India or
in the house of Semi-Government Organization, then the petitioner
is entitled for the House Rent Allowance. It is submitted by the
counsel for the petitioner that the petitioner is occupying the house
on rent of a private owner which is a Limited Company which is
nothing to do with the Government. The said company is known as
Tata Steel Company. It is also submitted by the counsel for the
petitioner that he is ready and willing to file any undertaking
provided under Rule-9 of the Rules, 1980 that petitioner is not
occupying any Government house, but, the petitioner is occupying a
house owned by a company limited and therefore, he is entitled for
House Rent Allowance and therefore, respondent no. 3 may be
directed that pay slip may be issued in favour of the petitioner after
inclusion of the House Rent Allowance.
3. I have heard counsel for the respondent nos. 3 and 4,
who has submitted that as per Annexure-A of the counter affidavit
respondent nos. 3 & 4 has written a letter seeking an order of the
State Government of Jharkhand whether the petitioner should be
paid House Rent Allowance or not? In fact, no claim of the petitioner
has been discarded by respondent nos. 3 and 4.
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4. I have heard counsel for the respondent nos. 1 and 2,
who has submitted that they have received a letter from
respondent nos. 3 and 4, but, they have not yet replied to
respondent nos. 3 and 4, but, the fact remains that the petitioner
is not occupying the rent of the State Government and any
undertaking of the State Government or Municipality.
5. In view of these submissions and looking to the facts
and circumstances of the case, it appears that the present
petitioner is occupying the house owned by Tata Steel Company
which is not a Government undertaking, looking to the Annexure-A
of the counter affidavit filed by the Assistant Accounts Officer of
the office of the Accountant General (A & E), Jharkhand, Ranchi. It
appears that the present petitioner, if not occupying a house of the
State Government or Central Government or any undertaking
thereof or house of Semi-Government undertaking or a house
belonging to Municipality or Port Trust or Nationalized Bank or Life
Insurance Corporation of India, then the petitioner is entitled for
House Rent Allowance. Looking to the Rules, 1980, if the petitioner
is occupying a rent free house from the Government then he is not
entitled for House Rent Allowance. Looking to the facts of the
present case, the petitioner is paying rent to the aforesaid company
and therefore, the petitioner is not covered by Clause-1, 2 and 3 or
Annexure-A to the counter affidavit filed by Accountant General
Office and also looking to the fact that the petitioner is ready and
wiling to file undertaking as per Rule-9 of the House Rent
Allowance Rules, 1980, I hereby direct the respondent nos. 3 and 4
to issue pay slip for the period running from 9th May, 2008
inclusive of House Rent Allowance within a period of four weeks
from the date of receipt of a copy of this order and the petitioner
shall file necessary undertaking as per Rule-9 of the Rules, 1980.
6. Petition is allowed to the aforesaid extent with no order
as to costs.
(D. N. Patel. J)
VK