Allahabad High Court
Neeraj Kumar And 53 Others vs State Of U P And 2 Others on 11 November, 2020
Author: Ajit Kumar
Bench: Ajit Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 74 Case :- WRIT - A No. - 9595 of 2020 Petitioner :- Neeraj Kumar And 53 Others Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Raj Kumar Mishra Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J.
Heard Sri Akhilanand Mishra, learned Advocate holding brief of Sri Raj Kumar Mishra, learned counsel for the petitioners and learned Standing Counsel for the respondents.
The petitioners before this Court are holding the position of constables and head constables and are posted at different police stations in district Etawah.
The grievance of the petitioner is that though they are living in a rental house but they are not being paid House Rent Allowance (H.R.A.) as admissible to them as per the category of district - Etawah.
It is argued by the learned counsel for the petitioners that the question of payment of H.R.A. as per the category of the district the employee is posted in, has come to be considered by this Court in the case of Shashi Kant Singh & others v. State of U.P. and others in Writ Petition No.- 24646 of 2011, wherein the following order has come to be passed in the said case:-
"Petitioners are Constables in the U.P. Police service. Their grievance is that they are not being paid house rent allowance in view of the Government Order dated 11th June, 1999 as amended by the Government Order dated 8th December, 2008.
The matter of payment of house rent allowance requires consideration by the Police Department itself. Therefore, the writ petition is disposed of with the liberty to the petitioners to raise their grievance by making a representation before the competent authority within two weeks from today. In case the petitioners make the representation as above, the competent authority shall consider and decide the same strictly in accordance with law, as expeditiously as is possible preferably within a period of two months' from the date of submission of the representation.
The writ petition is disposed of with the aforesaid direction."
Learned Standing Counsel does not dispute the above legal position and contends that the petitioner's grievance can be looked into by the respondent No.3 in accordance with law and in the light of the authorities cited if it is applicable to the petitioner's case.
In view of the above, the writ petition is disposed of with a direction to the respondent No.3 to look into and consider the grievance of the petitioners qua payment of the H.R.A. as may be admissible under the relevant Government orders and also in the light of the judgment (supra). An appropriate decision shall be taken in the matter of the claim and grievance of the petitioners within a period of six weeks from the date of production of copy of this order.
It is provided that a copy of the order available on the official website of the High Court will be taken to be authentic one and certified copy shall be submitted by the petitioner as and when it is issued.
Order Date :- 11.11.2020 Atmesh