No HRA for public servant if living with spouse in Govt flat
New Delhi: A government employee is not
entitled to get House Rent Allowance (HRA) if he or she is
residing with the spouse who has been allotted a government
accommodation, the Delhi High Court said on Tuesday.
The Court`s decision came on a petition filed by a
government employee challenging the Centre`s order directing
her to refund HRA given to her for nine years during which she
was living with her husband in a government accommodation
allotted to him.
Justice Sunil Gaur dismissed the petition of the
employee Rajni Devi, a hostel warden in National Bal Bhawan,
and directed her to refund Rs 1.19 lakh which she got as HRA
"Since the petitioner(Rajni) is not able to justify to
the payment of House Rent Allowance made to her, she has no
reasonable justification to retain it. Therefore, no fault can
be found in the government`s order directing recovery of the
HRA paid to her," Justice Gur said.
Rajni was residing with her husband, a government
employee, at a government accommodation allotted to him
at Rajya Sabha Niwas since 1996 but she continued to receive
HRA till 2005.
In July 2005, the Central Audit found that HRA paid to
her was irregular and the government then asked her to refund
the allowance paid to her for the nine years.
Aggrieved by the recovery order of the government,
Rajni had then approached the High Court.
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