Disposed

The Principal, Nirmalagiri College v. the Dy. Director of Collegiate Edn.

Kerala HC3 Dec 2011WP(C)/10250/2007

Case brief

AI extract

What is this about?

In a writ petition, the Principal of Nirmalagiri College sought continued payment of House Rent Allowance for staff working outside municipal limits after a benefit was discontinued. The court held that the Government must make a final decision on the entitlement question after hearing the petitioner.

What did the court decide?

Directed the 2nd respondent to take a final decision on the petitioner's claim for HRA, after hearing the petitioner, within three months.

The Principal, Nirmalagiri College Vs the Dy. Director… — Service and Employment | Kerala HC (2011)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE S.SIRI JAGAN SATURDAY, THE 3RD DECEMBER 2011 / 12TH AGRAHAYANA 1933

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WP(C).No. 10250 of 2007(T)

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----------------------------------------

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PETITIONER(S):

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THE PRINCIPAL, NIRMALAGIRI COLLEGE, NIRMALAGIRI P.O., KANNUR DISTRICT.

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BY ADV. SRI.GRASHIOUS KURIAKOSE, SRI.PREM DOMINIC.

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RESPONDENT(S):

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--------------------------

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1. THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, NORTH ZONE, KOZHIKODE.

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2. STATE OF KERALA, REP. BY THE SECRETARY, DEPARTMENT OF FINANCE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.

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BY GOVT. PLEADER (FINANCE) MR.SUNIL CYRIAC.

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 10250 of 2007(T)

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXT.P1 COPY OF THE ORDER DATED 26/05/2003 NO.GO(MS).286/03/(134)/FIN. ISSUED BY THE 2ND RESPONDENT.

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EXT.P2 COPY OF THE REPRESENTATION DATED 03/06/2006 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

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EXT.P3 COPY OF THE REPRESENTATION DATED 02/02/2007 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

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EXT.P4 COPY OF THE LETTER DATED 08/02/2007 SENT BY THE 1ST RESPONDENT TO THE SUB TREASURY OFFICE, KUTHUPARAMBA.

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EXT.P5 COPY OF THE LETTER DATED 16/03/2007 SENT BY THE 1ST RESPONDENT TO THE SUB TREASURY OFFICER, KUTHUPARAMBA.

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EXT.P6 COPY OF THE RELEVANT PORTION OF THE G.O.(P) NO.145/06 DATED 25/03/2006.

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RESPONDENT'S EXHIBITS:- NIL.

//TRUE COPY//

P.A. TO JUDGE

S. SIRI JAGAN, J.

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W.P.(C) No.10250 of 2007

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Dated this the 3^rd day of December, 2011

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JUDGMENT

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The petitioner is the Principal of Nirmalagiri College, which is situated within the Koothuparamba Municipality, affiliated to the Kannur University. Part of the building of the College is outside the Municipal limits. Therefore, the question arose as to whether the employees working in that part of the building of the College beyond the Municipal limits are entitled to HRA as applicable to the employees of the Colleges within the Municipal limits. By Ext.P1 order, in the context of pay revision orders of 1997, the Government, as a special case, permitted the employees in that part of the building of the College situated outside the Municipal limits also to be paid HRA as applicable to the employees working within the Municipal limits. But, subsequent to the 2004 pay revision, that benefit was discontinued. It is under the above circumstances, the petitioner

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W.P.(C)No.10250/07

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has filed this writ petition seeking the following reliefs:

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“(a) declare that the staff of the petitioner's college are entitled to get continued payment of House Rent Allowance as per Ext.P1 order. (b) issue a writ of certiorari or other appropriate writ, order or direction calling for the originals of Exts.P4 and P5 and to quash the orders contained therein which are against the petitioner.

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© direct the 1^st respondent to restore House Rent Allowance payable to the staff of the petitioner's college in tune with Ext.P1 order and not to insist for recovery of any excess amount allegedly drawn.”

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The petitioner now submits that, by G.O.(MS)No.261/2008/ (104)/Fin. dated 18.6.2008, the Government restored such benefit for 2004 pay revision also. But, subsequently, the same also was discontinued.

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I have heard the parties. I am of opinion that the Government should take a final decision as to whether the employees working in that part of the building of the Nirmalagiri College situated outside the Municipal limits of Koothuparamaba Municipality are entitled to HRA as applicable to employees working inside the Municipal limits. Accordingly, the 2^nd respondent is directed to take a final decision in respect of the claim of the petitioner, after affording an opportunity of

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W.P.(C)No.10250/07

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being heard to the petitioner, as expeditiously as possible, at any rate, within three months from the date of receipt of a copy of this judgment.

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S. SIRI JAGAN, JUDGE

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acd

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W.P.(C)No.10250/07 4

The Principal, Nirmalagiri College v. the Dy. Director of Collegiate Edn.

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The Principal, Nirmalagiri College v. the Dy. Director of Collegiate Edn.

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