My wife is working under West Bengal govt.at Malda, West Bengal And I am working as assistant professor in a central funded University at Arunachal Pradesh. I am staying in a house provided by the institute and not getting HRA. But my wife is staying in Malda in a rented house. When she applied for HRA the department is saying that, since your husband is living in govt. Quarter you are not eligible to receive HRA. Pls suggest is there any rule where husband and wife are staying in different stations and one if stays in govt quarter other will not get HRA.
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1. The state authority is not correct.
2.SInce both of you are posted as different locations stay in govt accommodation by one spouse is no bar to get benefit for another spouse.
3.So If your wife is not getting HRA she can take recourse to law to get necessary relief.
4. Since she is in WB now she amy fell free to take my assistance on this account. Please visit www.acelegalfirm.com.
1) in case the couple is not availing the facility of government quarters, then HRA will be paid to both husband and wife even if they work in the same station.
2) However, even if one of them avails the Government residence in the same station where the other spouse is working, he/she will not be entitled for HRA.
3) since you are staying in govt quarters your wife will not get HRA
It is incorrect to say that she is not eligible for HRA if both the spouses are government employees and living in two different states/cities.
Your wife should make a proper representation in this regard mentioning tht this rule shall be applicable only when the spouses are living in the same city and not while residing apart
The Calcutta high court recently announced that HRA for government working couple will be granted if any one of them is stationed at a distance 250 kms away from the spouse. In this case both husband and wife enjoys the benefit of HRA. Different states of India have different sets of HRA rules.
So it is best advisable to check the state legislation in this regard.
