principal. She requested to direct the PIO to furnish
the HRA Rules in this regard.
The Respondent stated that the information sought by the Appellant ... available in their official record. He affirmed to provide
the HRA Rules followed by their department.
Decision:
Keeping in view the facts of the case
claim HRA in the present place of posting.
The petitioners could only avail the allowance under additional
HRA scheme and not regular HRA ... order, the respondent authorities have not
stated anything about the specific rule that HRA is a
headquarter based allowance. Further, there is no such
detachment
basic salary of Rs.5850.00 +DA
as per rules + HRA as admissible as per rules.
9
Please note that your service will be utilized
JULY 2023
JUDGMENT (MANGESH S. PATIL, J.) :
Heard.
2. Rule. Rule is made returnable forthwith. Learned AGP
Mr. P.K. Lakhotiya waives service for respondents ... would further submit
that as per the civil service rules, the HRA will have to be determined
with reference to the place of duty
provisions under Rule 6 (x) of the Bihar State
Employees (House Rent Allowance) Rules, 1980 (in short, "HRA Rules").
4. This Rule ... conclusion that the Rule 6 (x) of the HRA Rules do not provide any
limitation or restrictions on drawal of HRA by both spouse living
quarter allotment order
cannot be cancelled however, as per quarter allotment rules HRA will be
deducted till someone from priority list will occupy the quarter ... governed by the rules know
as KVS Allotment of Residence Rules 1998 (R/1) and as per these
Rules/guidelines, the Principal is the Allotment
Government
accommodation at old station and drawing HRA at Jammu. For this the
following HRA rule was cited:
"A Government Servant who, on transfer ... 2023/CAT/Bangalore Bench
Additional HRA, but only a case of HRA for which he is certainly entitled,
in case no Govt. accommodation has been
Central Government framed rules imposing. conditions for drawal of HRA
under Rule 5 (C) Government servant shall not be entitled for HRA ... entitled to draw HRA as per rule 5 (C)(ili) of the rules relating to the
drawal of HRA. Nothing prevented the applicant to reside
wife was provided to him as per the relevant rules,
which are not linked to HRA, in terms of clause 8.2 of Circular dated ... authority, HRA is payable to such an
employee. As the applicant has not been able establish his right to
get HRA under any rule
been paid
House Rent Allowance (HRA) and as per the applicable rules,
HRA is calculated at 30% on total of basic pay plus grade ... accommodation. Rule 14 of the House Allotment Rules deals
with surrender of an allotment and the relevant rule is extracted
below:
"An employee
