Jharkhand High Court
Md. Muzaffar Nasim vs M/S. Bharat Coking Coal Ltd. Through ... on 2 April, 2018
Author: S.N. Pathak
Bench: S.N.Pathak
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S).No.2153 of 2016
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Md. Muzaffar Nasim, son of late Md. Hubdhar, resident of Chhatabad, P.O. Katrasgarh, P.S. Katras, District Dhanbad.
... ... ... ...Petitioner
-Versus-
1. M/s. Bharat Coking Coal Ltd. through C.M.D., Koyla Bhawan, Koyla Nagar, Dhanbad.
2. The General Manager, Katras Area No. 4, BCCL, P.O. Sijua, P.S. Jogta, district Dhanbad.
3. The Area Personnel Manager, Katras Area No. 4, BCCL, P.O. Sijua, P.S. Jogta, district Dhanbad.
4. The Project Officer, Katras Area No. 4, BCCL, P.O. Sijua, P.S. Jogta, district Dhanbad.
... ... ... ....Respondents
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CORAM: THE HON'BLE MR. JUSTICE DR. S.N.PATHAK
For the Petitioner : Mr. Sanjay Kumar Sinha, Advocate For the Respondents: Mr. Anoop Kumar Mehta, Advocate Mr. Nikhil Kumar Mehta, Advocate
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10/ 02.04.2018 Heard learned counsel for the petitioner and learned counsel for the respondents.
2. The petitioner has approached this Court with a prayer for grant of House Rent Allowance (for short "HRA") in view of Rules, Regulations, Guidelines and Standing Order of the Coal India Ltd./ Bharat Coking Coal Ltd.
3. The case of the petitioner lies in a narrow compass. Petitioner has represented before the respondent-BCCL for grant of House Rent Allowance in view of Rules, Regulations, Guidelines and Standing Order of the Coal India Ltd./ Bharat Coking Coal Ltd. It is the specific plea of the petitioner that though he fulfills all the criteria laid down under the Rules dated 29.06.2012 for payment of HRA for employees in Urban Area as per provisions of Para 8.1.3 of NCWA- VIII, the same has not been considered neither any decision has been taken for grant of HRA @ 20% and hence, the petitioner has been constrained to knock the door of this Hon'ble Court for redressal of his grievances.
4. Mr. Sanjay Kumar Sinha, learned counsel appearing for the petitioner strenuously urges that petitioner is entitled for the benefits of HRA in view of Rules dated 29.06.2012, which is at Annexure-B page-10 of the counter-affidavit. Learned counsel submits that though similarly situated persons have been considered and granted the benefits of the said Rules but the petitioner has been 2 denied the same, which is a clear-cut act of discrimination at the hands of the respondents. Learned counsel draws the attention of the Court towards Annexure- 1 of the writ petition submits that the respondents themselves have admitted and a noting to that effect is very much there which shows that "no quarter allotted to the petitioner as per record".
5. Per contra, counter-affidavit has been filed by the respondents. Mr. Anoop Kumar Mehta assisted by Mr. Nikhil Kumar Mehta, learned counsel appearing for the respondent-BCCL submits that this writ petition is premature as no decision has been taken as yet by the respondents on the point of granting HRA to the petitioner and the petitioner has rushed to this Hon'ble Court without waiting for the orders of the respondents. Learned counsel submits that it is an admitted position under the law that any person fulfilling the criteria laid down in Rules dated 29.06.2012, is entitled for the benefits of HRA @ 20% and if the petitioner fulfills all the criteria laid down under the said Rules, he is also entitled for the benefits provided under the Rules and the same shall be extended to him within a stipulated period of time. However, since no decision has been taken on the point of granting HRA to the petitioner, if this Hon'ble Court directs, a decision to that effect shall be taken.
6. Be that as it may, having gone through the fair submissions of the learned counsel for the parties, this Court is of the considered view that admittedly, no decision has been taken for payment of HRA to the petitioner. In the peculiar facts and circumstances and from perusal of the records, I direct the respondent No. 2 to consider the case of the petitioner and if the petitioner, prefers a fresh representation along with a copy of this order, within a period of two weeks from the date of receipt of copy of this court, respondents shall pass a reasoned order for granting the benefits of HRA in view of Rules, Regulations, Guidelines and Standing Order of the Coal India Ltd./ Bharat Coking Coal Ltd. for payment of HRA, within a period of four weeks from the date of filing of such representation.
7. Needless to say, if the decision is taken in favour of the petitioner, the benefits of HRA shall be extended to the petitioner within a further period of three weeks thereafter.
8. Resultantly, the writ petition stands disposed of.
(Dr. S.N. Pathak, J.) Kunal/-