High Court of Punjab and HaryanaCWP/5358/2016disposed of

Gurdarshan Singh Sdo v. Bbmb And Others

2024-04-24Mr. Justice Jagmohan Bansal2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP No.5358 of 2016 Date of Decision:24.04.2024 Gurdarshan Singh SDO ....Petitioner vs.

BBMB and others ....Respondents

CORAM:

HON'BLE MR. JUSTICE JAGMOHAN BANSAL

Present:

Mr. Ranjit Saini, Advocate for the petitioner Mr. Sachin Mittal, Advocate, Mr. Akshat Mittal, Advocate and Mr. Parth Sharma, Advocate for the respondents *** JAGMOHAN BANSAL, J. (ORAL) 1.

The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking direction to respondent to pay House Rent Allowance (in short "HRA") for the period from 20.07.2010 to 31.10.2014.

The petitioner during 2010-2014 was posted at Kotla. Official accommodation was available at the said place, however, he opted to stay at his own house and claimed HRA. The respondent-Board did not pay HRA because it was of the opinion that in the wake of availability of official accommodation, an employee cannot claim HRA. The respondent-Board PARAMJIT KAUR SAINI 2024.04.24 04:53 I attest to the accuracy and integrity of this document

CWP No.5358 of 2016 -2- was further of the opinion that Kotla is a sensitive place, thus, senior officials/officers are bound to stay in official accommodation to thwart any eventuality or tackle with emergent situation. 3.

Mr. Ranjit Saini, Advocate, submits that there is no circular/clarification from Respondent-Board which provides that an employee is bound to stay in official accommodation, if it is available. Further, there is no letter/circular which requires stay in official accommodation at Kotla. Without considering different instructions and despite repeated communications by the petitioner, no order has been passed. 4.

Faced with this, Mr. Sachin Mittal, Advocate, submits that it is factually correct that no order on the representations of the petitioner has been passed. He assures the Court that competent authority would look into grievance of the petitioner and pass an appropriate order within three months from today.

In the wake of statement of counsel for Respondent-Board, the petition stands disposed of. The competent authority shall take care of instructions issued by the Respondent-Board while adjudicating case of the petitioner.

(JAGMOHAN BANSAL) JUDGE 24.04.2024 paramjit Whether speaking/reasoned: Yes Whether reportable:

No PARAMJIT KAUR SAINI 2024.04.24 04:53 I attest to the accuracy and integrity of this document