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TMI Blog2022 (5) TMI 1656X X X X Extracts X X X X X X X X Extracts X X X X ..... October 22, 2008. 3. Pursuant to Coal India Executives House Rent Allowance Rules (for short, the HRA Rules) (corrected upto May 23, 1989), the petitioner contended, that in the event any executive is not provided with the quarter/accommodation at his place of posting he would be entitled to HRA. According to the HRA Rules, even any executive who was drawn HRA, was transferred to another station involving change of residence leaving behind his family members at the old station, he would be eligible for the HRA at the new station for a maximum period of six months from the date of release from the old station provided he was not allotted accommodation by the employer at the new station. However, the period could be extended thereafter with the approval of the competent authority, if the management had not been able to provide accommodation to such employee. 4. The petitioner further contended that an employee, as the petitioner, who had been transferred from first respondent to any of its subsidiary, the concerned rule provides that such employee would be eligible for the HRA at the new station for a maximum period of six months from the date of release of the old station provided ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ioner duly applied through the prescribed format by giving the necessary details. Referring to Annexure P-9 to the writ petition which was an office memorandum dated March 08, 1995, it was submitted that in terms of the decision taken by Functional Directors dated February 23, 1995, it was decided that the House Rent Allowance admissible as per rules, without production of rent receipt may be paid to those officers who were residing in guest house and transit flats etc. and do not occupy any other residential accommodation provided by the company anywhere. The petitioner submitted that, the petitioner was residing at the said guest house for nine days and paid the room rent for his staying as evident from the No Due Certificate issued to the petitioner dated August 16, 2010 being Annexure P-7 to the writ petition. However, the employer failed to provide the necessary accommodation to the petitioner and the petitioner was compelled to shift from the said gust house to a hotel at Asansol at his own cost and expenses. 7. Learned Counsel for the petitioner submitted that, a natural person has the capacity to do all lawful things unless his capacity has been curtailed by the rule of la ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nnexed as Annexure R-2 to the affidavit-in-opposition filed by the respondents. Referring to Rule 8.3 of the HRA Rules, it was, inter alia, submitted that, the competent authority would satisfy himself before granting the allowance that the claim made by the employee is genuine and with this end in view he would not grant House Rent Allowance to any employee drawing pay above Rs. 1,740/- per month unless he has produced rent receipt in proof of the actual rent paid by him. Referring to a letter dated May 11, 2011, Annexure R-1 to the affidavit-in- opposition written by the petitioner, it was submitted that, the petitioner had admitted that there was no letter/correspondence regarding allotment/non- allotment of companies residence at the new place of posting through the first six months of his posting or even thereafter. 10. Referring to the said document being Annexure P-3 to the writ petition it was submitted on behalf of the respondents that, this document could not be construed as an admission for release of HRA in favour of the petitioner. From the tenor of the said document it was clear that the request for HRA made by the petitioner was processed and was sent for competent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... allowance for this period, at the new station. In case, he has been allotted a residence at the new station (place of posting) his entitlement to house rent allowance at the old rate will be limited only to the period of joining time: (i) During the 1st 2 (two) months: At the same rate at which it was drawn at the old station. (ii) For the next 4 (four months: At the rate at which it was being drawn at the old station or the maximum amount that would have been admissible to him at the new station, had he taken a residence on rent, at the new station, whichever is less. Authority: CIL's O.M. No. C-5(B)/50727/808 dated 24-11-1978. 8.3 The Competent Authority will satisfy himself before granting the allowance that the claim made by the employee is genuine and with this end in view he will not grant house rent allowance to any employee drawing pay above Rs. 1740/- per month unless he has produced rent receipt in proof of the actual rent paid by him or in case of an employee living in his own house, a copy of the municipal assessment of the house and where no such assessment has been made, any other satisfactory proof of the rental value of house". 15. From the communi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e expression "accommodation" denotes an immediate one simultaneously with the new posting and the expression "residence" denotes with some stability of a permanent nature, of course limited to the course of his employment only. In the facts of the instant case, the petitioner was admittedly accommodated at the said Sitalpur Guest House immediately on his transferred posting where he stayed for a short while and left for a hotel at Asansol at his own expense. Therefore, "accommodation" was duly provided to the petitioner immediately on his transferred posting where he refused to stay after a short while as stated above. Such an act on the part of the petitioner made him ineligible to receive House Rent Allowance from his employer. The House Rent Allowance was, therefore, not payable to the petitioner as claimed in his writ petition. 19. In the matter of: Asian Leather Limited & Anr. (supra), the demand was made by Kolkata Municipal Corporation on account of Drainage Development Fees for sanction of a building plan and it was held that such demand was not authorized by the statute and as such money collected on such account was to be refunded. In the facts of this case, the relevant ..... 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