Disposed

S.Radha v. Union of India and Ors.

Bombay HC1 Oct 2008WP/8273/2004

Case brief

AI extract

What is this about?

The petitioner challenged the recovery of High Rent Allowance while living in a rented house due to her husband's government accommodation. The petition was disposed of upon withdrawal, but the High Court ordered the recovery of the excess HRA in monthly instalments without interest, adhering to the respondents' commitment.

What did the court decide?

Order that the amount drawn in excess shall be recovered from the petitioner in monthly instalment and no interest shall be charged.

S.Radha Vs Union of India and Ors. — Pension and Retirement Benefits | Bombay HC (2008)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.8273 OF 2004

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 Smt.S.Radha ...Petitioner.
 V/s.
 Union of India & Ors. ...Respondents.

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 Mr.Sanjay Prabhu i/by Mr.N.V.Bandiwadekar , advs. for the
 Petitioner.

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 Smt.Neeta Masurkar & G.Hariharan i/by H.D.Rathod , advs.
 for the Respondents.

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 CORAM: Bilal Nazki&
J.H.Bhatia,JJ.
 DATE : 1st October, 2008.

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 P.C.:

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 1. The petitioner was receiving HRA. The respondents

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 found that her husband is also serving in Rashtriya
 Chemical Fertilizers Ltd., a Company of the Government of
 India and he had been provided Government accommodation.
 Therefore, there was no reason why the petitioner was
 living in rented house in the same area. Therefore, notice
 was given to her seeking recovery of the amount drawn by
 her towards HRA, after her marriage as according to the
 respondents, she was living with her husband , who had been
 provided Government accommodation.

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 2. After hearing for a while, the learned counsel for
 the petitioner seeks to withdraw the petition. However,

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 she wants that the respondents should adhere to the
 commitments they have made in their affidavit that they
 will recover the drawn amount in monthly instalment and
 would not charge any interest. We order accordingly that
 the amount drawn in excess shall be recovered from the
 petitioner in monthly instalment and no interest shall be
 charged. Petition stands disposed off accordingly.

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 4. The learned counsel for the petitioner further
 submits that for sometime now her husband is not occupying
 any accommodation provided by the employer and, therefore,
 she is entitled to HRA from the date she occupied house on
 rent after her husband gave up accommodation. That is not
 the subject matter of this petition. That matter could be
 decided by the respondents on its own merits after the
 petitioner makes that grievance.

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(Bilal Nazki, J.)

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(J.H.Bhatia, J.)

S.Radha v. Union of India and Ors.

Case brief

What is this about?

What did the court decide?

S.Radha v. Union of India and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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