You are entitled for hra as you are not staying together. If not given you need to approach HC under writ jurisdiction
HRA permissibility
I am working as an Assistant Professor in a govt aided college in West Bengal. My spouse in working in IT sector in Karnataka. My college principal is stating that I will not receive any HRA because my husband enjoys it and according to West Bengal Govt HRA rules, it is applicable also in case where the spouse is working in Private Sector. My point is, since we are not staying together and paying our rents in our respective place of work, am I not entitled to get HRA?
Asked 3 years ago in Labour
13 Answers
It is necessary to peruse govt HRA rules to advice
you should be entitled to HRA
This is a very weird rule. I don't think this kind of law even exists. How can they deny you HRA when you live separately from your husband. You should demand HRA or file a case.
"Government of West Bengal Department of Higher Education, C.S. Branch Bikash Bhavan, Salt Lake, Kolkata-700091 Ncr. 644-Edn(CS)/ 3 A-0412019 under his control. Date:l1.11.2020 ORDER The undersigned is directed by order of the Governor to say, that in conformity with the Finance Department's Memo No. 8012-F(P2) dt 27.12.2018, read with Memo No. 5839-F(P) dt. 09.07.2012, the matter of granting HRA to an employee of a Sponsored/Aided Educational Institution, whose spouse is working in a private organisation, where HRA is allowed as a separate element, the HRA of the spouse shall be taken into account, as done in the case, where spouse is the employee of any Government or semi-Government organisation. All concerned are being informed accordingly. s&/- No. 64411 (6)-Edn(CS)/ 3 A-0412019 Copy forwarded for information to:- l. The Principal Accountant General (A&E), W.B. 2. The Director of Public Instruction, W.B. He is requested to circulate the order to all concerned 3. Finance (Audit) Department, Govt of W.B. 4. P.A. to Hon'ble MIC, Higher Education Department. Deputy Secretary Date:11.11.2020 5. P.,! to Principal Secretary, Higher Education Department. Stne IT Cell of this Department, with the request to upload this order in the Departmental Website." Above I have given the GO pertaining to my question. Nowhere it is mentioned whether couples staying together or not or working different states. There is a GO in school education department about HRA to be given to both spouses if they live 150km apart. But not in Higher Education Department. So, it being a very ambiguous GO, what should be the course of action, and whether I will get HRA or not?
Asked 3 years ago
You are entitled to HRA. Nowhere it is written that what will happen if they reside separately in different states.
File a case in the education tribunal or a writ petition in the high court against such an arbitrary order.
If both you are reside separately it is more than 50 km away then both of you are entitled to full HRA.
So the version of your employer is not correct and to get full benefit of HRA you can explore remedies of writ jurisdiction of high court.
GO provides that HRA of spouse should be taken into account
2) in your case since you are staying separately in WB and your spouse is in Karnataka you should be entitled to HRA
3) you can file writ in HC to direct authorities to grant you HRA and to challenge said GO issued by govt
You have to challenge the GO in High Court on ground of disparity and unjustified decision . No other remedies available.
Thank you for giving a probable solution. My college/DPI has also withheld my arrear (salary scale increased in January 2020 due to implementation of 7th pay commission, but getting increased pay from June 2020, so arrear of 4 months due, one month given) citing HRA discrepancy/"not in order". While my other colleagues have received it, though their husbands are working in IT and even though they stay together. I think this injustice cannot only happen to me. Would taking a legal course of action be fruitful?
Asked 3 years ago
You should take legal proceedings
if other colleagues have been given benefit of HRA you cannot be discriminated against
Only option is to file writ in high court.
There is no restriction on claiming HRA benefit by both the spouses. If you and your husband both are paying the rent then both can claim HRA benefit separately for the respective share. Total rent claimed by both of you cannot exceed Rs 20,000.
For most employees, House Rent Allowance (HRA) is a part of their salary structure. Although it is a part of your salary, HRA, unlike basic salary, is not fully taxable.
You are absolutely right that the contents of GO do not make a mention about the souses working in different cities.
This rule may be applicable if both the spouses are working in the same city.
You can ask them to give it in writing after which you can file a writ petition against the department for misinterpreting the law in this regard and seek relief accoridnlgy.
Taking a legal recourse may provide you solution to this because these people will not understand the law especially if they have already decided to trouble or torture you in this regard.
You may file a writ petition seeking the relief and remedy.
- As per law, if both husband and wife are government servants and if one of them has already been allotted government quarters then the other cannot claim for HRA.
- However , as you both are posting on two separate places , then you are entitled to get HRA allowance limited to Rs.20000/- in total by both .
