Grant of HRA at a higher rate
(“B” Category) to the Central Government Servants Posted at Aizawl
(Mizoram) – Court Case regarding
RD570050807IN
COURT-CASE
MOST URGENT
F.No.4-23/2000-PAP
GOVERNMENT OF INDIA
MINISTRY OF COMMUNICATION & IT
DEPARTMENT OF POSTS
(ESTABLISHMENT DIVISION)/P.A.P.SECTION
DAK BHAWAN, SANSAD MARG, NEW DELHI – 110 001
DATED, THE 01ST MARCH, 2016.
TO
The Chief Post Master General
N.E.Postal Circle
Shillong – 793001
ORDER
Subject: Grant of HRA at a higher rate
(‘B’ Category) to the Central Government Servants Posted at Aizawl
(Mizoram) – Court Case regarding.
Central Government Employees Federation
of Mizoram, General Head Quarters, Aizawl, Mizoram made a representation
to the Hon’ble Prime Minister of India claiming House Rent Allowance at
“B” Class City rates and Compensation in lieu of Rent Free
Accommodation at the rate of 10% to the Central Government Employees
Posted in Mizoram State based on the judgement passed by Supreme court
of India in Civil Appeal No.2715/91-Union of India & Ors V/s Shri
S.K.Ghosh & Others and Department of Posts Order No.8-40/87-PAP
dated 7.3.1994 & No.4-52/98-PAP dated 27.02.1999. On rejection of
their claim, the Central Government Employees posted in the State of
Mizoram approached the Central Administrative Tribunal, Guwahati under
O.A.No.381/2000. The Hon’ble CAT, in Para -5 of its order dated
12.04.2002 pronounced as under:-
“In view of the position
enumerated above,I am of the-view that the applicants are entitled to
House Rent Allowance at the rate prescribed for B class cities to the
Central Government Employees which should be payable to the applicants
at the rate of 15% from 1.1.1986 to 30.9.1986 and from 1.10.86 to
30.9.1986 and from 1.10.86 to 30.9.86 and from 1.10.1986 at flat rate
prescribed under O.M.dated 7.8.1987 read with another O.M.dated
13.11.1987 and the Notification GSR No.623 (E) amending the Fundamental
Rule 45 A with effect from 1.7.1987.
As regards the claim for
compensation in lieu of Rent Free Accommodation the respondents are to
act in conformity with the Office Memorandum No.12-11/60-ACC-I dated
2.8.1960,O.M.dated 23.2.1986 and 22.5.1987 and also to O.M.dated
13.11.1987. The respondents shall examine the each case on merits and
thereafter shall pass necessary order in individual cases. Rent free
unfurnished accommodation is admissible to Central Government Employees
having all India transfer liability only those who are posted in Mizoram
or HRA at the rate prescribed from time to time. Compensation and
admissible HRA shall be granted to those persons who are entitled to
rent free accommodation and could not be provided accommodation and the
above benefit shall be granted only to the Central Government employees
having all India Transfer liability and Posted in Mizoram vide letter
No.11015/1/E/(B)/76 dated 31.7.1977. The respondents shall examine the
individual cases and thereafter pass necessary orders in those Cases,
others will not be eligible for the same.The application is allowed in
part, No Costs”.
2. The Department filed WP No.2955/2003 in the Hon’ble High Court of Guwahati against the orders of the CAT dated 12.04.2002.
The Hon’ble High court in its judgment dated 25.4.2003, “disposed of
the appeal with the observations that the directions given by the
Learned Tribunal in the last part of the judgment quoted above shall be
complied with by the Central Government after taking due consideration
of the observations recorded within a period of 6 Months. The High court
observed that the case of each and every Central Government employee
posted in the state of Mizoram will have to be taken separately and
appropriate orders shall be passed thereon after such consideration in
terms of OM dated 23.09.86, 19.03.87 and 13.11.87. The Hon’ble High
court, however, observed that the employees posted in Aizawl
Headquarters of the State of Mizoram being a “C”Class city may not be
entitled to HRA as prescribed for “B” class cities.”
3. Aggrieved by the order of the Hon’ble
High Court of Guwahati, the Central Government Employees filed a civil
appeal No.646/2005 in the Supreme Court of India. The Supreme court
stayed the operation of the judgment order dated 25.04.2003 of the high
court of Guwahati in WP No.2955/2003. The Honble supreme Court of India has dismissed the civil appeal and passed the orders dated 17.07.2013 as under:-
“We have thoughtfully considered
the submissions of the learned counsel. In our view, the direction
given by the Tribunal, which has been confirmed by the High Court,
merely ordains consideration of the cases of each employee for grant of
City compensatory Allowance in accordance with O.M. dated 02.08.1960,
O.M. dated 23.02.1986 and 2.5.1987 as also O.M.dated 13.11.1987 and
nothing more. Therefore, the impugned order as also the one passed by
the Tribunal do not call for interference by this court under Article
136 of the Constitution.
With the above observation, the appeal is dismissed.
However, it is made clear that
if the Government of India has issued fresh instructions after
13.11.1987 then the cases of the respondents shall be considered in
accordance with the latest instructions.”
4. Consequent upon obtaining the
concurrence of Integrated Finance Wing of this Department, the, matter
was referred to Ministry of Finance, Department of Expenditure for
decision.
5. Ministry of Finance, Department of
Expenditure has considered the matter and accorded their approval in
view of the decision taken by the Department of Posts to not to file any
Review petition in the matter and as the Ministry of Law & Justice
has advised Department of Posts to take administrative decision for
implementation of the said order of Hon’ble Tribunal, implementation of
the Order dated 12.04.2002 passed by the Hon’ble CAT, Guwahati Bench in
O.A.No.381/2000 for grant of House Rent Allowance at “B/Y” class cities
rates, as admissible from time to time, is agreed to.
6. Since, the Department of Posts had
represented the Union of India on behalf of all the respondents
Ministries/Departments/Offices, the approval accorded by the Department
of Expenditure, Ministry of Finance is therefore conveyed to all the
Respondent Ministries/Departments/Offices for issuing appropriate
instructions for compliance of orders dated 12.04.2002 of Hon’ble CAT,
Guwahati Bench in respect of the employees working under their
administrative control who were/are applicants in the said OA
No.381/2000.
7. This has the approval of the Competent Authority.
sd/-
(K.V.Vijayakumar)
Assistant Director General (Estt.)
