ORDER
RAJNISH KUMAR RAI, MEMBER (JUDICIAL)
This matter has been taken up today through hybrid mode.
2. Ms. Usha Das, learned counsel for applicant is present physically in the Court and Mrs. R.S. Choudhary, NVS Standing counsel for respondents is present virtually.
3. Applicant has filed this Original Application praying for the following relief(s) :-
"8.1 That the Hon'ble Tribunal may be pleased to set aside and quash the impugned order dated 14.02.2019
82) That the Hon'ble Tribunal may be pleased to direct the respondents to pay the Additional HRA and other benefits as applicable in case of the employees of Navodaya Vidyalaya Samiti as in case of transfer to a N.E. Regions and More difficult areas like Nicobar group of Islands, Narcondium Islands etc. vide Office Order No. F.2-72/99-NVS (Estt.) dated 14.2.2003.
8.3) That the Hon'ble Tribunal may be pleased to direct the respondents to pay double HRA on the basis of the order No. F.2-72/99-NVS (Estt.) dated 13.11.2002.
8.4) That the Hon'ble Tribunal may be pleased to direct the respondent No. 1 to dispose of the representation dated 19.3.2019 in the light of the Office order Office Order No. F.2- 72/99-NVS (Estt.) dated 14.2.2003 and the order No. F.2- 72/99-NVS (Estt.) dated 13.11.2002 wherein it is specifically mentioned that the employees posted to NE Region from outside the NE Region will be entitled to HRA at the rates admissible for the old stations in case they do not shift their families to the new place of posting and keep them it rented accommodation/own house.
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8.5) That any other relief or reliefs as the Hon'ble Tribunal may deem fit and proper, including the cost of the case."
4. The brief facts of the case is that the applicant was working as Trainee Graduate Teacher (TGT), Social Science at Arong, Car Nicobar, District- Nicobar (A&N) since 07.10.2016 and presently attached to Navodaya Vidyalaya Sangathan (NVS), Regional Office, Barik Point, Shillong vide letter dated 21.07.2020.
5. Case of the applicant is that the he was earlier posted at JNV, Pipalkoti, Chamoli, Uttarakhand and thereafter he was transferred to the new place of posting i.e at JNV, Arong, Car Nocobar. As per applicant, there is a compendium of Circular published and followed by the NVS, Headquarter. Vide Circular No. F.No. 2-72/99-NVS (Estt) dated 13.11.2002 Page No. 358-361 and F. No. 2- 72/99-NVS (Estt) dated 14.02.2003 page No. 369 which makes provision for the employees to keep their families at the previous place of posting to be eligible for additional HRA. Since applicant has been transferred from JNV, Pipalkoti, Chamoli to JNV Arong Car Nicobar w.e.f. 07.10.2016, accordingly, he is seeking benefit of the
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said Circular for double HRA. In this regard applicant has moved representation dated 07.10.2016 before the Principal, JNV, Car Nicobar, District- Nicobar (A&N I) to get benefit of double HRA, which was forwarded on 24.11.2016 by the Principal to the Deputy Commissioner, NVS, Regional Office, Hyderabad Region, was rejected by the NVS, Hyderabad Region intimating the Principal JNV, Car Nicobar vide letter dated 23.12.2016 on the ground that family of the applicant is living at Sonipat (HR) which is home district. Thereafter, applicant has moved another representation dated 28.01.2019 on some new facts and ground that in identical cases, some of the employees are being granted the benefit of double HRA, accordingly, the case of the applicant should also be considered in the light of said fact. The representation dated 28.01.2019 was again considered and rejected by the Principal, JNV, Arong, Car Nicobar vide impugned order dated 14.02.2019, hence, the applicant has approached this Tribunal.
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6. Per contra, learned counsel for respondents submitted that the applicant has wrongly interpreted the compendium dated 13.11.2002 and as per Circular, various incentive available for the employees of NVS, posted in North East Region is to be governed by instructions issued by the Government of India from time to time and the Samiti has reiterated the said fact vide NVS office Order dated 14.02.2003 wherein it was categorically stated that "It has now been decided to entered all these benefits to the employees posted in JNV in Andaman & Nicobar and Lakshdeep groups of Islands."
Learned counsel for respondents further relied on Para 7 of written statement and submitted that the applicant has joined JNV, Arong, Car Nicobar (A&N) on 03.10.2016 and during his posting in the said JNV, applicant has kept his family at Sonipat (HR) i.e his home district and not at his previous posting place i.e at JNV, Pipalkoti, Chamoli, Uttarakhand. To substantiate the argument, learned counsel for respondents has referred the Office Memorandums dated 02.01.2009 and 19.07.2017 issued by
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the Government of India, Ministry of Finance, Department of Expenditure, relevant portion of which read as follows :-
"Central Government Employees posted to North Eastern Region/Union Territories who leave their families behind at the old station are allowed HRA."
7. Learned counsel for the respondents further submits that subsequently, another OM dated 14.08.2018 permits HRA to the employees, who leave their families behind at the old station. Since the applicant's family was not living at the last station of posting, in fact, living at Sonipat i.e home town, accordingly, the benefit of double HRA is not permissible to the applicant as Sonipat in his Home District.
8. Heard learned counsel for the parties.
9. It is admitted position that applicant was transferred from JNV, Pipalkoti, Chamoli, Uttarakhand to the new place of posting i.e at JNV, Arong, Car Nocobar, District- Nicobar on 07.10.2016. Thereafter, he was attached from 21.07.2020 at JNV, Regional Office, Barik Point, Shillong. Para 6 of compendium of Circular- Establishment NVS No. F.2-72/99-NVS (Estt.) dated 13.11.2002 provides for double HRA, which is quoted herein below:-
"The employees posted to NE Region from outside the NE Region will be entitled to HRA at the rates admissible for the old stations in case they do not shift their families to
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the new place of posting and keep them in rented accommodation/own house, it will be in addition to HRA at the new place of posting at the rates admissible there in case they live in hired private accommodation."
10. Subsequently, vide OM F. No. 2-72/99-NVS(Estt.), dated 14.02.2023 of compendium of Circular of NVS which has been issued in reference to various incentives related to service matters have been extended by the Samiti (Annexure A/8) in recent past to NVS Employees serving in North East Region Vide Office Order of even No. Dated 27.09.2002, 31.10.2002 and 13.11.2002 posted in JNV in Andaman & Nicobar and Lakshadweep Group of Islands subject to fulfilment of conditions prescribed for withdrawal of these allowances.
11. The case of applicant is that as per Para 6 of Circular dated 13.11.2002, the applicant is entitled for double HRA, in case, he did not shift his families to the new place of posting and keeps them in the rented accommodation or in own house. It will be in addition to HRA at the new place of posting at the rates admissible. The applicant has kept his family at his own house at District Sonipat, accordingly impugned order is bad in law.
12. While respondents has relied upon the compendium of Circular dated 13.11.2002 Para 9 wherein it has been noted that all the above referred incentives shall, however, be governed by instructions
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issued by the Government from time to time. According to respondents the OM issued by the Government of India, Ministry of Finance, dated 02.01.2009 as well as 19th July 2017 which has clarified that the employee who leave their family behind at their old duty station are allowed HRA of the station from which they were originally transferred in addition to the HRA admissible at the new place of posting but the home town is not covered. Accordingly, applicant is not entitled for the double HRA as per OM dated 02.01.2009 as well as OM dated 19thJuly 2017 as well as OM dated 14thAugust
2018.
13. Considered the aforesaid submissions and perusal of Para 6 of the Circular dated 13.11.2002 (quoted above) it is admitted position that NVS in their compendium of Circular has permitted the employees who keeps their family at old station in the rented accommodation or at their own house, they are entitled to the double HRA as per the rate admissible time to time.
14. In view of the aforesaid observation this Tribunal is in opinion that Para-6 of the Compendium of Circular dated 13.11.2006 has a force and is applicable to the applicant, accordingly, applicant is entitled for the double HRA at the rate admissible with the old station/home station and at the new place of posting at the rate admissible. Accordingly, the impugned order
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dated 14.02.2019 is hereby quashed. Respondents are directed to consider the case of applicant afresh and grant benefit of the double HRA in the light of Para 6 of compendium of Circular dated 13.11.2002.
15. Accordingly, the OA is allowed. No order as to costs.
(Rajnish Kumar Rai)
Member (J)
/Mks/