HRA Claim- regarding

September 29, 2011

 

 

 

 

 

 

Employees cannot refuse official accommodation to claim HRA : Mumbai HC: Staff corner.com

The HC has ruled that house rent allowance (HRA) is not a right. A division bench of Justice B P Dharmadhikari and Justice A P Bhangale ruled that a government employee not staying in the quarters despite its availability can be disentitled from claiming the special allowance.

The Nagpur has surplus government accommodation. It is one of the few cities where the central government employee, who lives in his own house has to submit a “non-availability certificate” before he can ask for HRA.

“HRA is not a matter of right, it is a compensatory allowance given by an employer towards the rental accommodation expenses when the government is unable to provide suitable accommodation to its employee,” said the judges. “The employee, if he resides in his own property, may not be entitled to claim the HRA, because it is paid to central government employees to compensate them partly for the especially higher rents which they have to pay for hired or rented residential accommodation in big cities, but not as a source of profit,” they added.

The court quashed an order of the central administrative tribunal asking the government to pay HRA to employees who had were residing in their own houses.

Source : Economic Times

 

 

 

21 Comments

  • B.Sukumar PGT ( Geography) says:

    Dear Sir,
    Thank for authentic information on HRA claim. Sir, I will be grateful if you could give legal point on forewcefull allotment of quartes to ineligible teachers ( KVS Allotment of quarters 1998) in KVs, when good munber of elibilible members are staying in rented and own house and claiming HRA.

  • B.C.Chourasia says:

    Can official quarter be forcefully alloted to a central govt. employee whereas he is not in a position to shift his families for various reasons. He needs only one room accomodation for himself in stead of full fledged quarter in his place of posting. Thus by alloting quarter to him without his application and willingness is office not forcing the employee to shift his family in violtion of Article 19(e) of the Constitution of India which stipulates for right to residence and settlement in any part of the country. In addition to it the employee has taken HBL for his own accommodation and paying installments and stoppage of HRA on the basis of forcefull alotement of quarter further creats financial problem for him to pay the isnatlments.Kindly suggest the lawpoint on thisas my HRA has been stopped on the said ground forcefully.

  • neil says:

    sir, r u claiming IT benefit both from the HRA and the refund of HBL (the refund is made from the additional earnings from HRA) ? the Judges Ruled–HRA should not be a source of profit.

  • S.D.Mishra says:

    Respected Sir,
    What is the basis of allotment of KVS staff quarters?

  • mumtaz Habeeb says:

    Sir, I am working in KV Hubli as PRT. For the past two months 18 members HRA is deducted for the sake of one Type III quarter. Is there such rule? What should we do? Kindly inform.

  • M. kumar says:

    sir,
    Some of the staff qtrs of our RO has been allotted to kv staff with the condition that if the same is applied by RO staff it will be vacant & there is no any staff qtrs is vacant now. But the HRA has still not been released to the RO staff on the ground that staff should apply for qtrs and the same will be allotted them to get it vacant from the kv teachers. Is it a good manner or as per rule not to allow the HRA.

    • A.S.Mazumdar says:

      In any case, if any staff quarters is lying vacant thus causing loss of revenue/rent to Govt. then HRA can be denied. But if the quarters are already allotted, to regional office staff or teachers, then there is no loss of revenue in respect of those quarters. So HRA to others should not be denied.
      But if it was allotted to some one as per eligibility criteria/as per allotment rules earlier but the allottee refused to accept the allotment, then HRA may not be paid to him/her. This is what I know.
      Much depend upon the authority as to interpretation and implementation of the guidelines.
      If no quarters are vacant and if earlier it was not allotted to any RO staff (who have refused acceptance)then payment of HRA to RO staff cannot be withheld..

  • S.D.Mishra says:

    श्रीमान, मेरे विद्यालय में खाली पड़े टाईप ३ आवास के आबंटन हेतु कार्यालय द्वारा सहमति मांगे जाने पर सबने नहीं लिखा | उसके बाद ग्रेड पे ४२००-४८०० के बीच ऐसे शिक्षक को आवास आबंटित कर उसका मकान भत्ता बंद कर दिया गया जो के वि संगठन में वरीय है तथा वर्तमान स्टेशन पर उसके नाम १५ किमी के दायरे में कोई मकान नहीं है | आबंटित अध्यापक से भी के वि संगठन में वरीय ग्रेड पे ४२००-४८०० के बीच एक अध्यापक हैं,जिनके नाम १५ किमी के दायरे में अपनी मकान है,उन्हें आवास आबंटित नहीं किया गया | क्या उक्त स्थिति में अपनी मकान वाले को forcefully आवास आबंटित किया जाना चाहिए था | कृपया निम्न पते पर जवाब देकर कृतार्थ करें- sdmishra1958@gmail.com

    • deepak singh says:

      An employee who has his/her own house withing the municipality range at the station cannot be allotted a quarter forcefully…

  • aditya chatterjee says:

    sir i had joined, sangathan as TGT(P&HE) on 29.3.12.I was offered a staff quarter then which i refused , next year i applied for the quarter again which was given to a PGT and another one was given to a PRT, both of them are KV seniors as both of them had joined sangathan before me, but i was station senior to them,my question is if a PGT with higher grade pay can be allotted a quarter, then don’t you think I would have been preferred over a PRT teacher s??? waiting for your suggestions

  • Rahul Kumar says:

    Sir,
    I am a PGT and residing in Type-1 quarter, while 5 Type-2 quarters are lying vacant. Now Principal going to allot these Type-2 quarters to Group-D and UDC/LDC. He/She is saying that we(PGT’s) are entitled to Type-3 quarters only and Group-D are entitled to Type-2, so these quarters given only to Group-D employees.(while all 3 Type-3 quarters are full)

    Also the KV and quarters is under a project, but Principal not following the sponsoring agencies rules for allotment of quarters.

    Kindly suggest me that, am I entitled for Type-2 quarters.

    • deepak singh says:

      Rahul Sir, an employee who is entitled to Type 3 quarter is automatically entitled to all lower types of quarter i,e type 2 also. You should give an application for shifting from type 1 to type 2 and get a receipt of your application. You must get preferrence over all the employee below your rank. Best of Luck. U can talk to me on this no. 8085835395.

  • mvnsaikumar says:

    If a Government Servant staying in Government Quarters of other department in which he/she is not employed (provided by other than his/her department)can he/she claim HRA from his/her own employer/department?

  • Prabhat Srivastava says:

    Dear sir I am working in kv leh and here is not a type 2 or type 3 quarter here is hostel accomodation…
    I have transfered here from other kv and i have a lot of things. due to which this hostel accomodation with kitchen
    Can not fullfill my requirement and i am living out side but this school accomodation is forcely alloted to me …
    And HRA plus 400 licence fee is deducted …
    Is it in rule?? If not then
    What should u do???
    Pls reply fast….

  • chaman prakash says:

    Sir, I am living in KVS Sringar (BSF Campus) in the school building (in class room) for past 2 months. No quarter is alloted to me but i have submit an application for quarters allotment. i am not getting HRA. When i asked to principal but he said you are living in govt. accomodation so are not eligible to apply for HRA.

    What is the exact rule for such situation.
    kindly reply soon

  • KSHITISH CHANDRA SAHU says:

    Sir,
    I am a prt in kv latehar n its a hard station influenced by maoist. on 10.07.2014 i joined here n requested for staff quarter. principal didnt allot me the quarter by saying that no quarter z vacant. after me ldc joined and got the quarter. there r 4 type 2 n 4 type3 quartr in the campus. in 2015 annual transfer wet got transfer n his quarter was vacant. again i requested for the quarter in the last working day meeting n a committee was set up for quarter allottment on the same day for the purpose. on the month august hra of udc (who jined few moths bk by promotion) z deducted. it means that quarter z allotted to him. how z it possible? there was no circular circulated to the staff n no application z received from the teachers by the committee. there are about 20 permanent teachers 2pgts,8tgtsn n 8prts . 8 teachers are staying out side paying more than 3 times of the hra. myself getting 1600 hra bt paying 4500 as rent with the same type3 type qtr. sir plz suggest me n confirm me is there any such rule to allot qtr to udc

  • Raj says:

    Write the grievance to D.C. through proper channel. The government quarters are not his father’s property that the principal can allot anyone on his own wish.

  • Meenakshi says:

    Sir i joined the kvs in march 2015 as a prt. A type 2 (substaff) quarter is lying vacant. I and a LDc applied for the type 2 quarter. He joined in nov 2015. Principal is giving preferance to him. My grade pay is 4200 and i m senior than him ( kvs senior and station senior also). Plz guide me is there any rule to give prefrance to Ldc for type 2 quarter.

  • mohan says:

    type b quarter (below 4200 g.p.) vacant
    employee 1
    grade pay 4800
    joinnig station dec 2010
    kvs joining dec 2010
    employee 2
    grade pay 4600
    joining station sep 2017
    joinning kvs july 2003
    who will get quarter ?

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