Allahabad High Court
Irshad Ali Khan And 21 Others vs State Of U.P. And 2 Others on 26 November, 2020
Author: Saral Srivastava
Bench: Saral Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 80 Case :- WRIT - A No. - 9860 of 2020 Petitioner :- Irshad Ali Khan And 21 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajesh Yadav Counsel for Respondent :- C.S.C. Hon'ble Saral Srivastava,J.
Heard learned counsel for the petitioners and learned Standing Counsel for the respondents.
The petitioners are Constable in Uttar Pradesh Police Department and have been posted in Gautam Budh Nagar. The petitioners are not being paid house rent allowance though, according to them, they are entitled to the same under the Government Order dated 11.06.1999 as amended by Government Order dated 08.12.2008, therefore, they have approached this Court seeking a direction upon respondents to pay house rent allowance.
Learned counsel for the petitioners has invited attention of the Court to the joint representation given by the petitioners to the Senior Superintendent of Police, Gautam Budh Nagar through Sri Rajesh Yadav, Advocate. He also placed reliance upon the order passed by this Court in Writ-A No.32698 of 2016 (H.C.P. 223 C.P. Malkhan Singh and 10 Others Vs. State of U.P. Through Principal Secretary Home and 2 Others) wherein this Court had placed reliance upon the judgement of this Court passed in Writ-A No.24646 of 2011 (Shashi Kant Singh & Others Vs. State of U.P. and Others) and directed the authorities to consider the claim of petitioners in respect of their house rent allowance in the light of judgement of Shashi Kant Singh (supra).
Learned Standing Counsel on instructions states that petitioners have not given any certificate stating that they do not own any house and they are living in a tenanted accommodation. He further submits that no useful purpose would be served in keeping the writ petition pending and petitioners may be directed to file proper application/representation giving declaration that they are living in a tenanted house and upon filing of the application/representation by the petitioners, authority may be directed to consider the same.
Considering the facts and circumstances of the case and with the consent of the parties, the writ petition is disposed off with liberty to each of the petitioners to file separate representation before the respondent no.3-Senior Superintendent of Police, Gautam Budh Nagar giving necessary declaration as required in the Government Order dated 11.06.1999 as amended by Government Order dated 08.12.2008 within a period of three weeks from today. In case any such representation is filed by the petitioners, the respondent no.3 shall consider and decide the same by reasoned and speaking order within a period of three months thereafter in the light of judgement of this Court in Writ-A No.32698 of 2016.
The writ petition is disposed off subject to the observations made above.
Order Date :- 26.11.2020 Sattyarth