For those employees paying licence fee as percentage of pay, the recovery shall be frozen at the level at which the licence fee was recovered from the pay bills for December, 1989 in the unrevised scale.
THE 31ST DAY OF MARCH, 1998 Present Honble Mr. Justice G.N. Ray Honble Mr. Justice K. Venkataswami K. Mitter, Additional Solicitor General, Joydeep Kai, Rana Mukherjee, Goodwill Indeevar, Advs.,
After the submissions of Third Pay Commissions Report, the West Bengal Service Revision of Pay and Allowance Rules, 1990 hereinafter referred to as ROPA Rules was published, In the writ petition being CR No.
800/ per month.
A second opportunity to exercise such option was given to the government employees occupying flats of the Government Housing Department in 1984, the West Bengal Premises Regulation and Occupancy Act 1984 came into force.
The companytention raised in the writ petition CR 11360 w of 1990 was inter alia that refusal by the government to grant house rent allowance to the writ petitioners at per with government employees in occupation of private rented houses or personal accommodations was number only companytrary to the decision rendered by companysent in C.R, 1527 W of 1973 but also companytrary to the policy regarding house rent allowance being persistently followed by the State Government for at least the decade.
The ceiling of the House Rent Allowance drawn by husband and wife taken together was also been raised to Rs.
with him for the appellants.
W of 1990.
J. Leave granted, Heard learned companynsel for the parties.
House Rent Allowance at the above rate shall also be paid to Government employees living in their own houses, subject to their furnishing a certificate that they are paying companytributing towards house of property tax or maintenance of the house.
All other companyditions regarding drawal House Rent Allowance by Government employees and recovery of licence fee from them shall, in so far as they are number inconsistent with these decisions, companytinue to hold good.
C. Bhandare, Sr, Adv.,
In order to appreciate the rival companytentions of the parties it will be appropriate to numbere certain facts.
The aforesaid writ petition was made by the respondents Rabindra Nath Sengupta and other petitioners being employees of the State Government who had been allotted government flats and had been paying assessed amounts for such occupation and were enjoying the House Rent Allowance.
Pending fixation of licence fees according to the system recommended by the Pay Commission, the drawal of House Rent Allowance by Government employees provided with accommodation owned hired by Government and recovery of licence fee from them shall be regulated as follows For those employees living in flats for which assessment of rent has been made and the occupier pays assessed rent as licence fee and draws usual house rent allowance the drawal of house rent allowance shall be further limited to the actual assessed rent allowance shall be further limited to the actual assessed rent paid.
Ranji Thomas and S. Menon, Advs with him for the Respondents.
1966 of 1992 allowing the appeal and setting aside the judgment of the Single Bench of the said High Court in the Writ Petition being Civil Rule No.
J U D G M E N T The following Judgment of the Court was delivered N. RAY.
The ROPA Rules provided for House Rent Allowance to the following effect House Rent Allowance With effect from the 1 January, 1988 the House Rent Allowance admissible to a Government employee shall be 15 of basic pay subject to a maximum of Rs.800/ per month.
11360 W of 1997, the writ petitioners challenged the provisions of House Rent Allowance in the ROPA Rules and the Notification issued in this regard.
The allowance may be drawn, without reference to quantum rent paid, by all Government employees other than those provided with accommodation owned hired by Government without requiring them to produce rent receipt.
This appeal is directed against Judgment dated 17.5.1994 passed by the Division Bench of Calcutta High Court in F.M.A.T. No.
