Madurai: Madras High Court Bench here has
directed the Tamil Nadu Government to permit teachers working
in various government schools in Turaiyur and Uppiliyapuram
Panchayat unions and Turaiyur town in Tiruchirappalli District
to draw House Rent Allowance (HRA) applicable to Grade II
Justice K.Chandru, disposing a petition filed by Tamilnadu
Secondary Grade Teachers Association, also restrained the
authorities concerned from recovering the HRA already granted
to teachers based upon Tiruchirappalli District Collector`s
Proceedings until the government took a decision on the issue.
He Judge said the teachers could not continue to receive
the Revised HRA as it would amount to unauthorised drawal.
He said the Government had not delegated any financial
powers on the collector who had issued the 2009 proceedings
leading to payment of additional HRA.
A Government order of 1986 stated that the government
servants residing in Gr.II towns and areas within eight km
radius would be eligible for grant of HRA as admissible to
GR.II towns.If an area falling within the eight KM was part of
a Panchayat Union,then the entire panchayat union shall be
considered for granting HRA as admissible to grade II towns.
The Thuraiyur Municipality was upgraded as grade II
Municipality in 1998. Hence, the Petitioner association
members made representations for enhancement of their HRA as
per the G.O.
Even as these pleas were pending, the municipality was
upgraded as a selection grade municipality in 2008.
Later, the collector issued a clarification in 2009
holding that teachers were eligible for revised HRA. But in
June this year, the Principal Secretary and Commissioner,
Treasury Accounts department ordered recovery of the amount on
the ground that it could not be drawn without government