Delhi High Court - Orders
Union Of India And Ors vs Smt. Sushma Rani on 25 April, 2022
Author: Najmi Waziri
Bench: Najmi Waziri, Manoj Kumar Ohri
$~5
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 11237/2017 & CM APPL. 45943/2017
UNION OF INDIA AND ORS ..... Petitioners
Through: Mr. Mr. R.V. Sinha, Mr. A.S. Singh,
Mr. Amit Sinha and Ms. Sharanya
Sinha, Advocates
versus
SMT. SUSHMA RANI ..... Respondent
Through:
CORAM:
HON'BLE MR. JUSTICE NAJMI WAZIRI
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
ORDER
% 25.04.2022 The hearing has been conducted through hybrid mode (physical and virtual hearing).
1. The petitioners says that grant of House Rent Allowance ('HRA') for the period of the subsisting matrimony between the respondents who were then married but estranged, is contrary to R.5(c)(iii) HRA Rules which concerns the accommodation to a Central Government employee.
2. The rules read inter alia as under:
"... A Central Government Employee is entitled to the benefit of HRA. However, in certain circumstances, he becomes ineligible to claim such benefit. R.5(c)(iii) of the H.R.A. Rules deals with such situation, which reads as follows:-
(c) A Government servant shall not be entitled to HRA if, his wife/her husband has been allotted accommodation at the same station by the Central Government, State Government etc. whether he/she Signature Not Verified Digitally Signed By:ZEENAT PRAVEEN Signing Date:09.05.2022 17:08:35 resides in that accommodation or he/she resides separately in accommodation rented by him/her..."
3. The learned counsel for the petitioner submits that the impugned order has erred insofar as it has granted payment of HRA to a spouse who had moved out from the Government accommodation granted to her husband. He refers to the dicta of the Kerala High Court, in Dy. Director Vs. Manoharan dated 14.02.2005, which reads inter alia as under:
"...
7. However, it is difficult to accept the plea that has been raised by the respondent-claimant. HRA is a statutory right, and can be subjected to restrictions which are reasonable. If we accept the contentions of the 1st respondent as endorsed by the Tribunal, it may be possible for any spouse, to put up a plea that because of strained relation between them, she/he was constrained to go for separate accommodation and notwithstanding the presence of the said Rule, it could have been permissible for them to claim HRA. .... "
4. Issue notice to the respondent through speed post, approved courier, e-mail, WhatsApp, SMS, Signal and such other forms of electronic service as may be viable, through counsel as well, returnable on 01.09.2022.
NAJMI WAZIRI, J MANOJ KUMAR OHRI, J APRIL 25, 2022/sk Signature Not Verified Digitally Signed By:ZEENAT PRAVEEN Signing Date:09.05.2022 17:08:35