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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 ..... ein. From a harmonious reading and upon a true construction of the said Rule 3.4 it is clear that, in the first paragraph the expression used accommodation and in the second paragraph the expression used residence . The distinction between the two expressions are very clear and obvious. The 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. Ratio decided In the matter of Patil Vijay Kuraar [ 1984 (8) TMI 68 - KA ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aving 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 that he had taken over the duty in the new station and not been allotted accommodation by the employer Coal Company and also provided that such employee would not draw any HRA for such period at the new station. 5. From the letter of the petitioner dated November 04, 2009 being Annexure P-6 to the writ petition, it appeared that the petitioner admitted that immediately on arrival at the new station the petitioner, was put up a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ding 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 law. It is equally a fundamental principle that in case of statutory corporation, it is just the other way. The corporation has no power to do anything unless those powers are conferred on it by the statute which creates it. Relying upon this principles of law, it was submitted on behalf of the petitioner that, the petitioner being a natural person had every right to leave the guest house provided to him by his employer within a s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eipt 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 approval. Such approval would naturally depend upon the applicability of the prevailing relevant rules and whether the petitioner had caused any breach of such rules or not. The petitioner was also requested to apply for accommodation to which the petitioner failed to comply. 11. In view of the above, the respondents submitted that, the writ petition was wholly misconceived, frivolous and liable to be dismissed. 12. Referring ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 communication dated May 11, 2011 written by the petitioner to his employer being Annexure R-1 to the said affidavit-in-opposition it was an admitted position that there was no letter/application made by the petitioner regarding allotment/non-allotment of company's residence at the new place of posting during the first six months of his posting or even thereafter. The petitioner only filled up the prescribed format for application for h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 HRA Rules clearly creates a bar on and makes the petitioner ineligible for claiming the HRA. In the instant case the relevant rules are absolutely clear governing the provisions for granting HRA to the employees. Therefore, the ratio of the said judgment of the Hon'ble Division Bench of this Court would not apply in the facts of this case. 20. Ratio decided In the matter of: Patil Vijay Kuraar (supra) has no application in the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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