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B.H. Amar Venkatesh And Ors. vs Senior Superintendent Of Post Officers ... on 19 February, 2004

7. Add to above, it is also to be noted that OA No. 349/2024 was filed by one Sri Durga Madhab Padhi, who was working as a Health Educator in a Research Project titled Integrated Disease Vector Control Project and was in occupation of accommodation provided by the Steel Authority of India (SAIL) and drew HRA from ICMR, challenging withholding of Rs. 5,67,233/- from his DCRG on the ground of residing in an accommodation owned and provided by the SAIL at Rourkela and simultaneously drawing of HRA. This Bench, took note of the decision of the Hon'ble High Court of Karnataka dated 19.02.2004 in W.Ps. No. 31014-31023 of 2023 (S-CAT) [B H AMAR Venkatesh & Ors (supra)], also relied on by the present applicant in the instant OA, wherein in similar situation, it was held that an employee is entitled to HRA in the event quarters is not allotted under the Allotment of Govt. Residences (General Pool) Rules and in the event allotment of quarters under the above rules, the employee is liable to pay RAVI KUMAR 2026.04.07 09:47:49 +05'30' 12 O.A.No. 260/00689 of 2016 License Fee in accordance with SR-317-B-12(1). What shall be License Fee of the quarters has to be determined as per annexure-I appended to FR 45(A). In the case, the applicant was paying the rent and other allied charges as per the agreement executed with the SAIL. This Bench vide order dated 21.01.2026 allowed the OA and directed refund of the withheld amount.
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