1. The question before us is whether the applicant who has been allowed to reside in one room of the Hostel in the public interest is entitled to get house rent allowance in accordance with the House Rent Allowance Rules applicable to the Central Government. According to the applicant, she was appointed in the capacity of Lady Superintendent in the scale of Rs. 1350-2200/(PR) in the office of the Director, All India Institute of Hygiene and Public Health, Calcutta under the control of Government of India in the Ministry of Health and Family Welfare (Department of Health) Nirman Bhawan, New Delhi, the applicant was provided with residential accommodation from the Central Government General Pool accommodation at the initial stage of her appointment as she was junior to be considered for allotment of the Govt.
accommodation immediately after joining the post. Accordingly, she was staying for the time being in the Lady Hostel and she was provided with a room which is meant for the students. It is stated by the applicant that it was clearly stipulated in the memo No. E8-18/93 dated 07/10.7.95 whereunder she was offered the appointment that she will be entitled to draw dearness and other allowances at the rates admissible over and above the basic pay in the prescribed pay scale. It is alleged by the applicant that since her appointment with effect from 28.7.95 she has not been paid house rent allowance as admissible under the rules, though she incurred expenditure on account of hostel accommodation. It is also alleged by the applicant that as a matter of fact no rent free accommodation was provided for the Lady Superintendent's post either in the campus of the Institute or in the campus of the Hostel or anywhere else. The applicant was paying room rent while she was occupying a room in the Students' Hostel which is far below than that of her normal entitlement of Government accommodation based on her pay which is the normal criterion for determining the type of accommodation to which a Government servant is normally entitled to. In fact, the applicant's case is that since she was not accommodated in a rent free accommodation according to the standard prescribed for her pay scale; therefore, she is entitled to get house rent allowance at the rate as admissible under the rules. She made a representation to the authorities and the Department in its communication vide letter dated 24.6.97 informed her that the post of Lady Superintendent is a residential post for which rent free accommodation is provided to the incumbent by this Institute and Government servant cannot claim house rent allowance while enjoying rent free accommodation provided by the Govt. Since it is essential for the incumbent to the post to stay in the accommodation provided in the hostel in the public interest, the question of grant of HRA does not arise. Feeling aggrieved and dissatisfied with the said order the applicant approached this Tribunal for redressal of her grievance and to allow her to draw house rent allowance as per rules and to pay arrears of HRA with effect from 28.7.95 on which date she had joined as Lady Superintendent.
2. The respondents filed written reply denying the claim of the applicant. It is stated by the respondents that accommodation provided to the previous lady Superintendent of this institute is always rent free. Previous Lady Superintendent also enjoys the facilities of rent free accommodation. The office has not given any directive to deposit room rent to Lady Superintendent ever and it is not clear under what authority she deposited room rent in the cash Branch of this Institute for three months from September to November, 1997 after a period of more than two years from her date of appointment. The rent was inadvertently received by the Cash Branch. She is eligible to the amount deposited by her on account of rent refunded at any time. It is also stated by the respondents that the applicant was provided with rent free accommodation for the Lady Superintendent as per norms. So, the question of making any expenditure on account of accommodation does not arise. No rent was ever deducted from her salary bill. It is stated by the respondents that the applicant has been staying in the rent free accommodation from the date of her appointment on 18.7.95 and this office never issued any instruction to her for paying rent for the accommodation provided to her. Since the applicant has been provided with rent free accommodation in the Lady Hostel, therefore, she is not entitled to get any room or house rent. So, the application is devoid of merit and is liable to be dismissed.
3. Mr. Ghosh, learned advocate on behalf of the applicant submits that no befitting rent free accommodation has been provided to the applicant as Lady Superintendent of this Hostel. She had been allowed to reside in the students' room in the Hostel in the public interest. Since the befitting accommodation as per prescribed rules could not be provided with, therefore, she would be entitled to get house rent allowance admissible to her. The respondents could not provide her any rent free accommodation as per her standard prescribed by the rules. So, the respondents arbitrarily denied house rent allowance to the applicant.
Merely the applicant was allowed to stay in the student's room in the said hostel without any rent, thereby, she is entitled to get house rent allowance.
4. Mrs. K. Banerjee, learned advocate appearing on behalf of the respondents contended that there is no room of paying any house rent allowance to the Lady Superintendent who is staying in the students' room in the said Hostel without paying any rent. Since the applicant is residing in the Hostel and no rent is being deducted from her salary, therefore, she is not entitled to get house rent allowance under the normal rules and the respondents rightly refused the representation of the applicant vide letter dated 24.6.1997 with cogent reason and the said letter cannot be said to be arbitrary and illegal and cannot run invalid in the eyes of law. Therefore, the application is liable to be dismissed in limine.
5. In view of the divergent arguments advanced by the learned advocates of both the parties it has to be decided by us whether the applicant was given the rent free accommodation according to her standard and admissibility under the normal rules prescribed by the Government.
Whether mere residing in the students' room in the public interest without paying any rent to the Government for such stay in the room would disentitle the applicant to get house rent allowance under the rules. We have considered the submissions of the learned advocates of both the parties and gone through the records. Under the rules and provisions of PR Part V house rent shall be paid to all employees other than those provided with Government/owned/higher accommodation. So, it is found that when an officer or Government employee is not offered with residential accommodation according to the standard prescribed for particular officer with reference to his basic pay he/she is entitled to get house rent allowance. There is no dispute in this regard. But in the instant case the applicant as Lady Superintendent has been provided with a room meant for the students in the same hostel "in the public" interest as appears from the letter dated 24.6.97, Annexure 'E' to the application. So, it is the admitted position in this case that the applicant could not be provided with free residential accommodation prescribed by the rules with deference to his basic pay. As per rule, basic pay of the Govt. employee would be the determined factor for the entitlement of the particular type of quarter for residential accommodation. Free "residential accommodation" as referred to in the letter must mean full-fledged residential accommodation prescribed by the rules with reference to the basic pay. Mere allotment of a particular room meant for the students to the applicant in the public interest does not indicate that the applicant has been provided with free residential accommodation according to the rules. The Government of India framed the allotment of quarter rules and entitled type of quarters with respect to particular officer has been specified therein.
Therefore, the applicant being the Lady Superintendent is entitled to get the allotment of the quarter as per her standard prescribed in the rules. Since the respondents failed to give allotment of a rent free residential accommodation as per her entitled type of quarter, and she had been allowed to stay in the room meant for the student without any rent. It is stated by the respondents that the applicant deposited some rent without taking any permission from the authority. Since the applicant is willing to deposit the rent for the room in which she is residing at present in the said hostel, the respondents could have accepted the same and paid house rent allowance as per rules. In view of the aforesaid circumstances we are of the view that mere allotment of one room meant for students without rent in the public interest does not disentitle her to get house rent allowances as per rules and the applicant is entitled to get house rent allowance unless the rent free residential accommodation as per her entitlement is provided to her in the hostel campus or any other place according to administrative convenience. It is admitted by the respondents that there is no residential accommodation as per her entitlement under the rules is available in the campus. In this situation the applicant would be paid house rent allowance at the rate prescribed under the rules till such accommodation as per her entitlement is provided to her.
6. In view of the aforesaid circumstances we allow the application and direct the respondents to make payment of house rent allowance at the rate as admissible under the rules from the date from which she has been residing in the room till rent free residential accommodation as per her standard entitlement under the rules is allotted to her. This exercise should be made within a period of three months from the date of communication of this order. With this observation we allow the application awarding no costs.