Lets make it clear .
HRA was paid for Study destination. At your place of study you stayed at hostel, so you are entitled for HRA equal to Hostel charges
House rent allowance (HRA) during study leave
I am a central government employee. I availed study leave with sponsorships for two years for higher study (Postgraduation). During my study leave, I have get full salary with house rent allowance (HRA) of the city where I did my higher study. During my study, I have stay in single room hostel provided by the institute (central government autonomous deemed university). I am married and my family stays at my original posting station in rented accommodation. After three years of completion of my study leave my employer have intimated me that beyond 180 days of your study leave, HRA is not applicable to you because you have stay in govt. hostel and they said they will recover the paid extra hra from salary. Means first they have paid the HRA during 24 months of study leave and now they are saying hostel rent will be reimbursed so difference of HRA of last 18 months and hostel rent will be recovered from salary. Sponsorship was also granted to me so many other allowances were applicable to me for reimbursement. I have not claimed any other allowance like transfer allowance/Joining allowance/hostel rent or any other allowance which may be applicable to me. My employer reimburse my fee except hostel related fee and rent. Questiin:My question is that, if I stay at government hostel and my family stay at rented accommodation of my posting station during my study leave then in this case HRA is applicable for me or only hostel rent could be reimbursed?
Asked 5 years ago in Labour
14 Answers
Being employee of Central Government and seeking all perks as per service rules will be strictly governed by the rules.
You availed yourself leave for higher study with paid leave concurrently with all perks including HRA.
During your stay for Higher Education with the arrangement of the accommodation covered under the rules and regulations applicable to your designation would apply.
Hence your employer is right and correctly applied ratio while deciding your pay,perks (HRA) and leave for higher education
Your service rules alone can guide what is payable to you, whether full HRA or hostel fees.
Generally when Govt accommodation like hostel is availed then there is question of paying HRA which would have been payable had you stayed in rented property.
So I find little merit in your claim unless your service regulations prescribes otherwise.
As per law you are entitled for full HRA even during the approved study leave period.
If you are not eligible for double benefit of hostel fee reimbursement as well as HRA then you can offer to pay the hostel fee from your side.
However you may clarify the hostel fee reimbursement by your department, which may be liable to pay that also besides paying you the regular HRA.
If your family stays there then HRA may not be applicable if hostel is also provided by your same office. Otherwise it is applicable
- As per rule , HRA is applicable for employees who stay in a rented accommodation , and this benefit is available for only one house in the concerned city of the workplace.
- Hence , you are eligible to get HRA of the rented accommodation of your posting , and not hostel rent.
You are in which department ?
Employees proceeding on study leave are entitled to House Rent Allowance and Compensatory (City) Allowance for first 180 days of the study leave and continuation of these allowances beyond 180 days is subject to the production of certificates.
Hostel rent can be reimbursed.
Dear Sir,
It is suggested that there may be established policy in your department and you are suggested to find the same through the RTI. If you find the policy itself is defective then the writ petition may be filed in the High Court challenging the said policy. And if you find that the action of the department is not according to the policy, you will be submitting the due application in the department and if needful not done by the department, the case may be filed in the CAT or High Court as per the situation.
Central Government Employee to whom study leave has been granted shall not ordinarily be paid Travelling Allowance HRA .
Only hostel fees can be reimbursed.
HRA is applicable to you write them you have to pay only the hostel fee, they can't stop paying HRA if you are adjusting in hostel during study this is nothing but to harass you so write them. Definition of HRA:
House Rent Allowance (HRA) is an allowance paid by employers to their employees as a compensation for the rent they pay for residing at homes in the city where their workplace is located.
HRA should be paid to you as per your scale if your family is dependent on you for house rent.
You can give an application with representation to your department regarding HRA disbursement if they refuse to entertain your application then you can file writ petition in high court.
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The government regulations in thisbregard would be helpful in order to arrive at a conclusion. But if once they reimbursed your money for 24 months they cannot go back and seek recovery from your salary. They should have told you so as you had to forego many things.
I want to add some other information to my original query. I was not on study leave. I was on sponsored leave. My department (DOS) has already defined some addition rule for pursuing M. Tech from IITs/IISc. The office order which I received were having some additional rules. Two rules related to HRA and allowances are as follows (quoted as it is) "2(x) Charges towards mess maintenance, room rent etc., if any, in the IISc shall be borne by the sponsored Scientist/Engineers themselves and no reimbursement shall be made by the Department on this account;" "2(xiii) The Scientist/Engineers sponsored shall be eligible for all benefits/allowance as for officers of comparable status stationed in Bangalore." Rule 2(x) states that I am not eligible for hostel rent reimbursement and rule 2(xii) states that I am eligible for all benefits/allowances. But my office has started recovery of paid HRA during my sponsorship period excluding the initial 180 days HRA. They have intermediated me the recovery amount through the email. After that, they have started the recovery of in the instalment of one-third of basic each month. After three months they have intimated me, recovery will be with interest. They have not provided any office order for recovery or applicable interest rate to me. So in this regard, I have given representation to the competent authority to my office. But after two months I have not got any reply for my representation. I have given reminder also but could not get a reply. Question 1. In view of rule 2(x) and 2(xiii) (quoted above), I am eligible for HRA or Hostel rent during my sponsorship period? Question 2: Interest will apply to the recovery amount?
Asked 5 years ago
1. The rule 2(x) states that you have to pay for the accommodation and mess.
The rule 2(xiii) states that you are eligible for all the allowances that an officer stationed in Bangalore is entitled.
Both are two different subjects.
You may claim the allowances that you are eligible instead of worrying about the reimbursement.
2. You may file a writ petition before high court praying for stay order against the recovery of the HRA paid to you since you are still an employee of the organization and you are entitled for HRA as per service regulations especially on the eve of having not provided with free boarding in the institution where you are reputed for higher studies.
The allowances that are paid is not termed as HRA, hence you may fight against the decision of your department in this regard.