Mohd. Afsar Khan Vs Nideshak Alp Sankhyak Kalyan U.P. and Ors.

Court No. - 34

Case :- WRIT - A No. - 10575 of 2002

Petitioner :- Mohd. Afsar Khan

Respondent :- Nideshak Alp Sankhyak Kalyan U.P. And Ors. Counsel for Petitioner :- J.P. Singh Counsel for Respondent :- C.S.C.

Hon'ble Sudhir Agarwal,J.

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Heard Sri J.P.Singh, learned counsel for petitioner and learned Standing Counsel for respondents.

The issue raised in the writ petition is "whether husband and wife both are entitled for House Rent Allowance (hereinafter referred to as "HRA") or not?"

This aspect has been taken note of by State Government vide Government Orders dated 15.12.1981, 28.02.1984 and 28.4.2000 where both the spouses are employees of State Government and residing together in the same accommodation, only one would be entitled to HRA.

However, it has been now changed and made applicable to State Government by Government Order dated 11.2.2015, which has been taken note by Division Bench of this Court in Bhim Singh Sagar vs. State of U.P. and Ors. 2015(3) LBESR 454 (All) . Hence, for the period, prior thereto, matter has to be governed by provisions as were applicable on that date. The impugned order dated 31.1.2002 was passed in the light of Government Orders, as was applicable at that point of time. Hence it cannot said to be patently illegal. Moreover, Division Bench in Bhim Singh Sagar (supra) has clearly said that question whether both the spouse would be entitled for HRA, living together in the same accommodation or not, is a question of policy matter and does not require any judicial review.

Hence I do not find any manifest error in the impugned order warranting interference. Dismissed.

Order Date :- 2.12.2019 KA

Mohd. Afsar Khan v. Nideshak Alp Sankhyak Kalyan U.P. and Ors.