9911796707
TMI Blog2016 (12) TMI 1899X X X X Extracts X X X X X X X X Extracts X X X X ..... the petitioner has been dismissed by the Joint Commissioner (Executive), Commercial Tax, Saharanpur Division-A, Saharanpur. It transpires from the records of the writ petition that the petitioner retired as a Commercial Tax Officer on 30 April 2014. While he was initially appointed he was paid house rent allowance from April 1975. The wife of the petitioner has been in service in the Oriental Bank of Commerce from February 1986. It is stated that even though both the petitioner and his wife have been residing in the same house belonging to the late father of the petitioner, but house rent allowance has been paid to the wife of the petitioner from February 1986 as well as to the petitioner too. Subsequently, the District Magistrate, Saharan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... April 2014 and 29 October 2015 have been assailed in this petition. Learned counsel for the petitioner has submitted that the impugned order dated 15 April 2014 deserves to be set aside for the reason that opportunity was not provided to the petitioner and in any case no recovery could have been made since the wife of the petitioner is not in government service and was an employee of Oriental Bank of Commerce. In this connection, learned counsel has placed before the Court the relevant Government Orders and in particular upon the communication dated 11 February 2015 sent by the Principal Secretary, State Government to the Principal Secretaries of the Departments. Learned Standing Counsel, on the other hand, has submitted that as the petit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ry 1984 would not apply to the petitioner. This is what has also been observed by the Appellate Authority. The Government Order dated 11 February 2015 on which reliance has been placed by the learned counsel for the petitioner will not come to the aid of the petitioner. It is only in relation to the government servants and provides that house rent allowance will be payable to both husband and wife, even if they are government servants and reside in the same house. It, however, clarifies that earlier cases will not be reopened. The wife of the petitioner was not in government service. The communication dated 11 February 2015 will not, therefore, help the petitioner in any manner. The case of the petitioner would be covered by the Government ..... X X X X Extracts X X X X X X X X Extracts X X X X
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