Central Administrative Tribunal - Patna
Bipin Kumar Verma vs Dgms on 1 May, 2025
1 O.A./051/00385/2023
CENTRAL ADMINISTRATIVE TRIBUNAL
PATNA BENCH
CIRCUIT BENCH, RANCHI
O.A./051/00385/2023
Reserved on: 22.04.2025
Pronounced on: 01.05.2025
CORAM
HON'BLE SHRI RAJVEER SINGH VERMA, MEMBER (J)
Bipin Kumar Verma aged about 32 years, son of Manoj
KiumarVerma, resident of house no. 64, Pandeydih, ChandourBasti
ChandourBasti,,
P.O.-Sijua,
Sijua, Tetulmari, P.S.
P.S.- Dhanbad, Dist.-
Dist. Dhanbad (828121),
Jharkhand, presently working as Jr. Statistical Officer at Directorate
General of Mines Safety Hirapur, Dhanbad under Ministry of
Statistics and Program Implementation, E E-mail ID -
bpnverma32
[email protected].
...............Applicant
(By Advocate: Shri K.K. Mishra)
-Versus
Versus-
1. Union of India through the Secretary, Ministry of Labour and
Employment, Shram Shakti Bhawan, Rafi marg, New Delhi,
PIN- 110001.
2. The Director General of Mines Safety, Hirapur, P.O.-
P.O. Hirapur,
P.S.- Dhanbad, Dist.- Dhanbad, Jharkhand, PIN-
PIN 826001.
3. The Dy. Director of Mines Safety, Accounts & Budget, P.O.+
P.S.- Dhanbad, Dist. Dhanbad, Jharkhand.
...............Respondents
(By Advocate: Shri Praveen Kumar Pandey, Addl. Standing Counsel)
ORDER
Member[J]:-- Instant OA has been filed by Rajveer Singh Verma, Member[J] the applicant seeking the following reliefs:
reliefs:-
"(i) That this OA has been filed against the order dated 16.12.2022 as contained by its no. 24(09)/2005-Admn-II/10472 24(09)/2005 II/10472 issued under the signature of the Respondent No. 2 (Annexure-A/4) (Annexure A/4) whereby the concerned respondents has not considered without any valid reasons as well as it is against the guidelines/circulars of the dept. concerned.
(ii) That by setting aside the order dated 16.12.2022 as contained contained vide its no. 24(09)/2005-Admn Admn-II/10472 II/10472 issued under the signature of the Respondent no. 2.
2 O.A./051/00385/2023
(iii) This Hon'ble Court may pass such other order/orders in the interest of justice."
2. Short facts giving rise to the OA are that the applicant joined service vice on 08.09.2015 on the post of Jr. Statistical officer at National Tuberculosis Institute, Bangalore under the Ministry of Statistics and Program implementation. He was transferred on medical ground and joined on the same ppost on 01.08.2017 in Directorate Directorate General of Mines Safety at Dhanbad Dhanbad.. The applicant did not apply for Govt. quarter at Dhanbad as he was living with his parents there. The grievance of the applicant is that though he was paid aid HRA upto 24.02.2021 but since 25th February, 2021 he has not been paid HRA for the reasons best known to the authorities. The applicant submitted an application in this regard on 08.02.2021 (Annexure A/1). As per Govt. of India, Ministry of Finance, Department of Expenditure office order dated 05.03.2019 (Annexure A/2) the condition of applying for government accommodation and furnishing of No Accommodation Certificate by Central Govt. employees to become eligible for HRA were dispensed with for all places in respect of General Pool Residential Accommodation contro controlled lled by Directorate of Estates. The above direction was also given to those offices which are having their separate residential accommodation for their employees other than GPRA. The applicant has mentioned that no action has been taken by the concerned respondents on his representations dated 23.03.2021 and 26.09.2022 (Annexure A/3 series). It is alleged by the applicant that without considering the entire rules/guidelines of the Govt. of India as well as the facts of the case regarding HRA the responde respondent nt 3 O.A./051/00385/2023 no. 2 refused the claim of HRA vide the impugned order dated 16.12.2022 (Annexure (Annexure-A/4). Another representation of the applicant dated 22.12.2022 (Annexure (Annexure-A/5) A/5) for payment of HRA was also not considered. It is alleged by applicant that similarly situated persons have been granted the benefits of HRA but the claim of the applicant has not bee been n considered properly. Hence, the OA.
3. Since the stage for filing written statement was closed vide order of this Tribunal dated 15.03.2024 I have heard the learned counsel for the parties as per the pleadings available in the OA.
4. The learned counsel for the respondents has admitted that payment of H.R.A to the applicant has been started from February,2024 and so far the due payment of H.R.A for the period w.e.f. the period March 2021 to February 2024 is concerned the matter is under active considerat consideration ion with the respondent authority.
5. In view of above fair submission of the learned counsel for the respondents, the order dated 16.12.2022 vide its no. 24(9)/2005 24(9)/2005-Admn Admn II/10472 issued under signature of Respondent no. 2 is hereby set aside and responden respondentt authorities are being directed to make due payment of HRA to the applicant for a period of which the HRA was not paid. This order shall be complied within three months from receipt of copy of this order.
6. In view of above, OA is allowed. No order as to costs.
Sd/-
(Rajveer Singh Verma) Member (J) Srk.