• HRA Central Govt. Employee

As per para 5(C)(iii) of OM No.2(14)-E,II(B)/71 dated 20 May 1971 issued by Ministry of Finance(Department of Ependiture) are Faridabad and Delhi same station for HRA purpose?
The word "Same station" is clarified in OM no.21011/13/89-E II(B) dated 20/12/1989.
Is IIT Delhi a Government organisation?
Is Above referred para5(C)(iii) applicable on IIT Delhi?
Issue is
Applicant is working in Central Govt. department at Faridabad,Haryana and living in private rented accommodation due to daily commuting problem. Spouse is working in IIT Delhi and living in accommodation allotted by IIT Delhi. Claim of HRA denied to applicant as para 5(C)(iii) is applicable.
Please let me know correct rule position.
Asked 7 years ago in Constitutional Law

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6 Answers

1. IIT is a government aided independent institution which can not be equated with the term ' Government Organisation'.

2. Since IIT is not a Government Organsiation, the Rule does not apply here.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

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IIT Delhi is not an organisation under Delhi administration.

The claim by the applicant as per the provisions of the circular mentioned is not maintainable.

T Kalaiselvan
Advocate, Vellore
85409 Answers
2237 Consultations

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The Indian Institutes of Technology (IITs) are autonomous public institutes of higher education, located in India.

2) They are governed by the Institutes of Technology Act, 1961 which has declared them as institutions of national importance and lays down their powers, duties, and framework for governance etc.

3) The Institutes of Technology Act, 1961 lists twenty-three institutes Each IIT is an autonomous institution, linked to the others through a common IIT Council, which oversees their administration.

Ajay Sethi
Advocate, Mumbai
95208 Answers
7610 Consultations

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IIT is a government organization and it falls under the definition of STATE as per article 12 of the Constitution of India.

Regards

Anilesh Tewari
Advocate, New Delhi
18079 Answers
377 Consultations

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The Indian Institutes of Technology (IITs) are autonomous public institutes of higher education, located in India. They are governed by the Institutes of Technology Act, 1961 which has declared them as institutions of national importance and lays down their powers, duties, and framework for governance etc.

Each IIT is an autonomous institution, linked to the others through a common IIT Council, which oversees their administration. The Minister of Human Resource Development is the ex-officio Chairperson of IIT Council.

The President of India is the most powerful person in the organisational structure of IITs, being the ex officio Visitor, and having residual powers. Directly under the President is the IIT Council, which comprises the minister-in-charge of technical education in the Union Government, the Chairmen of all IITs, the Directors of all IITs, the Chairman of the University Grants Commission, the Director General of CSIR, the Chairman of IISc, the Director of IISc, three members of Parliament, the Joint Council Secretary of Ministry of Human Resource and Development, and three appointees each of the Union Government, AICTE, and the Visitor.

T Kalaiselvan
Advocate, Vellore
85409 Answers
2237 Consultations

5.0 on 5.0

The IIT Delhi in particular is a government organization and hence the judgement of Pradeep Kumar Biswas shall not apply to the same directly.

The Institute has been declared to be an Institutes of National Importance under the Institutes of Technology Amendment Act, 1963 and accorded the status of a full University with powers to decide its own academic policy, to conduct its own examinations, and to award its own degrees.

The IIT Delhi has been given the status of Institute of Eminence (IoE) which graded autonomy but full autonomy, leaving this institutes to make their own decisions.

Therefore, in my advise and in my limited knowledge since the institution has the statutory source, therefore the same will be considered to be a part of government.

I hope I was of little help to you.

Regards

Anilesh Tewari
Advocate, New Delhi
18079 Answers
377 Consultations

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