Thursday, April 1, 2010

Order to revise house rent rule



Order to revise house rent rule

A husband and a wife who are government employees are both entitled to house rent allowance if one of them is posted a “reasonable distance” away from the other, Calcutta High Court has said.

The government now offers the allowance to either the husband or the wife if the distance between their workplaces is less than 250km.

But the court today ask- ed the government to redraw the house rent allowance policy using a “reasonable dis- tance” instead of 250km as the cut-off.

The matter came up during the hearing of a case moved by a Murshidabad teacher whose husband works for the railways in Calcutta.

Since Shukla Das’s hus-band stays 225km from her school in Kandi, she is not entitled to her house rent allowance, according to the rule that came into effect following a circular issued in October 2007. “She stays in a rented house at Purandarpur but she doesn’t get any rent allowance as her husband is already getting it,” said her lawyer Kaushik Chanda.

Das welcomed the order. “I had repeatedly told the authorities that I deserved the allowance but nothing happened. So, I moved court earlier this month.”

Opposing the petition, government lawyer Kamalesh Jha had said: “Fixing the house rent allowance for government employees is an administrative decision and the court should not interfere in the matter.”

However, Justice Biswanath Somadder said: “As the transport system and infrastructure in our country are not so developed that an employee can travel 450km a day to attend his/her place of work and return home, the government should fix a reasonable distance from home to the workplace if it wants to give house rent to only one of them.”

Before the 2007 circular, all state government employees were entitled to house rent allowance.

“When the government realised that working couples were drawing double house rent but sharing the same accommodation, it adopted the existing policy. But the 250km norm was impractical,” said Chanda.
Source: Telegrahpindia

11 comments:

ABDUL JALEEL April 1, 2010 at 11:05 PM  

some undetakings and authorities consider quarter as fringe benifit and deducting income tax for the quarter in par with private sector and same time depriving HRA to spouse working in govt. department.In short working spouses depriving major part of their salary.If the quarter allotee is transfered the spouse have to go out eventhough he or she has been deprived huge amount.

SURESH April 8, 2010 at 2:49 PM  

West Bengal Government can also consider giving only one salary to a family even if both the spouse are working. It will be a great austerity drive. After all the Government servants (working spouses), even if they loose their private lives and make sacrifices for their kids, they are not at all eligible for a comfortable and better living standards than the one set by the Governments - Funny thing, they want the work standards (not the working standards) to improve. In the present day scenario it is required that both the spouse should work to have a little savings for future, it is pitty that these savings and petty comforts are being targetted by Governments leaving to dust the motivational aspects that actually turns out better productivity of workforce.

ABDUL JALEEL April 10, 2010 at 9:14 AM  

Thank you Suresh.As per service rule employees have to reside within 8 km distance.now HRA is main part of payment.

Anonymous,  April 21, 2010 at 2:49 PM  

But what about the wife is a govt servent and alloted a govt accomodation and the husaband is a private school employee and denied the HRA by the concerned authorities. Is their any rule against this.

ABDUL JALEEL April 24, 2010 at 10:53 PM  

In private schools if payment is given by govt.for this purpose it will treated as govt.service.As different sectors making their own rules it will make difficulties for working couples.For solution,intervention of confederation leaders essential. Please provide email id of such leaders

house rent May 24, 2010 at 3:46 PM  

@K
I don't agree with you. I think this is fair decision by government. Because husband and wife will live together in the same home then why should they get the different packages. I think it's completely fair policy.

ABDUL JALEEL May 25, 2010 at 10:45 AM  

Dear @K,
Thank you for comending on my opinion.Now both the working spouse were availing HRA if any body of them is not availing govt. accomodation and availing DA.As per existing rule this is in tune with rule even some question on the rule itself.But my question isPU units are treated in par with private sector for the accomodation provided by employer and staff have to pay income tax a big amount as per some calculations as it is treated as fringe benifit.Also he will not get HRA and have to pay maintenance charge as per normal practice.But for depriving HRA to their spouses who are working in govt. department PU units are treated in par with govt.department.Here double standard is applied against working couple.As both are in deffrent sector,If the allotee is transfered the spouse have to vacate even depriving HRA for long time.

Anonymous,  September 20, 2010 at 11:31 AM  

Husband works in a govt undertaking organisation and avail quarter provided by the organisation and 20% hra is deducted from his salary.His wife works in a govt aided HS school 10 km away from their quarter.Can u tell me whether she can draw HRA or not?

ABDUL JALEEL September 26, 2010 at 7:36 AM  

Sir,
As per traditional hra in this case she is not eligible for hra.But the distances between the work places of both couple is matter and it is to be confirme whether it will come under the definition of"same station".As I indicated in previous post if the accomodation is provided by undertaking he have to pay incometax also as the accomodation provided by undertaking and private sector is treated as perks and which is subjected to incometax.

Anonymous,  September 29, 2010 at 9:59 PM  

Continuation of the latest post the organisation(WBPDCL)treats the deducted 20% hra as fringe benefit.and workplaces are BKTPP(BIRBHUM) for husband and SURI(BIRBHUM)for wife.Now could u help me to find out the answer(whether wife could get hra?)?

Anonymous,  November 19, 2010 at 8:19 AM  

I think this rule of only one of a couple getting hra is completely unjust. You both do the same amt of work, making sacrifices at home and so both shd earn equal amt of HRA.You cannot discriminate just because he or she works for the same govt or same organization.I think the court shd interefere in this discrimination as in major cases, women are forgoing their HRA, and bringing home a lesser pay packet for the same amt of work as any other individual.