Delhi HC: No HRA for govt employees if staying in spouse's govt flat
The Delhi High Court said any government employee who is staying with his spouse in a government flat is not entitled to HRA (House Rent Allowance).
Stating that if both the husband and wife are government employees, Justice Sunil Gaur said only one can be allotted such accommodation and the other cannot claim house rent allowance.
The Court’s decision came on a petition filed by a government employee challenging the Centre’s order directing her to refund the HRA for nine years during which she was living with her husband(also a Government employee)in a government accommodation allotted to him.
Justice Sunil Gaur dismissed the petition of the employee Rajni Devi, a hostel warden in National Bal Bhawan, and directed her to refund Rs 1.19 lakh which she got as HRA between 1996-2005.
‘Since the petitioner (Rajni) is not able to justify to the payment of House Rent Allowance made to her, she has no reasonable justification to retain it. Therefore, no fault can be found in the government’s order directing recovery of the HRA paid to her,’ Justice Gaur said.
Rajni was residing with her husband in a flat allotted to him at Rajya Sabha Niwas since 1996 but she continued to receive HRA till 2005.
In July 2005, the Central Audit found that HRA paid to her was irregular and the government then asked her to refund the allowance paid to her for the nine years.
UNI
The Delhi High Court said any government employee who is staying with his spouse in a government flat is not entitled to HRA (House Rent Allowance).
Stating that if both the husband and wife are government employees, Justice Sunil Gaur said only one can be allotted such accommodation and the other cannot claim house rent allowance.
The Court’s decision came on a petition filed by a government employee challenging the Centre’s order directing her to refund the HRA for nine years during which she was living with her husband(also a Government employee)in a government accommodation allotted to him.
Justice Sunil Gaur dismissed the petition of the employee Rajni Devi, a hostel warden in National Bal Bhawan, and directed her to refund Rs 1.19 lakh which she got as HRA between 1996-2005.
‘Since the petitioner (Rajni) is not able to justify to the payment of House Rent Allowance made to her, she has no reasonable justification to retain it. Therefore, no fault can be found in the government’s order directing recovery of the HRA paid to her,’ Justice Gaur said.
Rajni was residing with her husband in a flat allotted to him at Rajya Sabha Niwas since 1996 but she continued to receive HRA till 2005.
In July 2005, the Central Audit found that HRA paid to her was irregular and the government then asked her to refund the allowance paid to her for the nine years.
UNI
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