Brijpal Singh And Ors. vs Union Of India And Ors

Classification of

Cities/Towns","Rate of House Rent Allowance

per month as a percentage of

Basic Pay only

X,24%

Y,16%

Z,8%

4.2 Bharat Petroleum Corporation Limited, which is another Central PSU vide their RTI reply in letter dated 28.06.2016 addressed to one Shri Amit",

Kumar, have advised that their employees posted at Loni LPG plant are being paid HRA @30% of basic pay.",

4.3 The applicants have also annexed a letter in relation to HRA, issued by District Magistrate, Ghaziabad dated 17.05.2004 which indicates that Loni",

is at a distance of 6.3 km. from Ghaziabad Nagar Palika.,

On this basis, the applicants plead that dependency as per OM dated 07.07.2017 (para 1 supra) is satisfied in respect of Loni, and hence they be paid",

HRA at X-class city.,

In view of the foregoing rates of HRA, being paid by Central PSUs, the applicants plead that they being Central Government employees should also",

be paid HRA at X-class city rates, namely, 30%, as per 6th CPC and 24% as per 7th CPC.",

The applicants have also preferred MA No.4554/2018 seeking joining together. Since the grievance of all the applicants is same and they all are,

working in the same department at Loni, this MA is allowed.",

The respondents opposed the OA. It is pleaded that the instructions in respect of payment of HRA as per 7th CPC have been issued by Ministry of,

Finance vide their OM dated 07.07.2017 (para 1 supra). In accordance with this the Ghaziabad city (Urban Area) falls under Y-class cities. It is,

pleaded that even though Ghaziabad District falls under National Capital Region, however, entire National Capital Region is not classified as X-class.",

While Delhi (Urban Area) falls under X-class, the Ghaziabad (Urban Area) falls under Y- class city. The areas other than “Urban Areaâ€, are not",

classified as „X‟ or „Y‟.,

It is also pleaded that Ghaziabad has a separate Nagar Nigam while Loni has a separate Nagar Palika and as such, Loni does not fall in Ghaziabad",

Nagar Nigam or Ghaziabad (Urban Area), even though it lies in Ghaziabad Civil District of Uttar Pradesh.",

However, once the issue has been raised by the employees, a staff was deputed by respondents to Loni to collect the rates of HRA being paid. As",

per the report submitted on 26.12.2018, following position emerges:",

,

( , ) H R A 8%",

,

( ) H R A 8%,

,

( ) H R A 8%,

,

( ) H R A 24%,

० ,

( )H R A 24%,

Note: “Loni and “Noliâ€​ is one and same. “Loniâ€​ is pronounced “Noliâ€​ in local dialect.,

From this it is clear that the Railway Department which is a Central Government department is paying HRA at 8% rate at Loni. Some of the other,

Central PSUs are paying HRA at different rates to their staff at Loni, however, the same cannot be taken to be applicable in respect of Central",

Government employees also.,

In view of the foregoing, Loni is presently falling under Z-class cities and accordingly 8% HRA is being paid. Hence, OA is without any merit and",

is required to be dismissed.,

Matter has been heard at length. Sh. Suprabh Kumar Roshan, learned counsel represented the applicants and Sh. P.G.Kumar, learned counsel",

represented the respondents.,

There is nothing much which needs adjudication in this case. The instant case is required to be decided as per the notifications issued. The,

currently applicable notification was issued by Ministry of Finance vide their OM dated 07.07.2017 (para 1 supra). It has given a list of the cities and,

areas which are to be covered under X-class, Y-class and Z-class. As per this notification, Delhi (Urban Area) falls under X-class making the Central",

Government employees eligible for 24% HRA, the Ghaziabad (Urban Area) is classified as Y-class city making the Central Government staff posted",

there eligible for 16% HRA and all other remaining areas are classified as Z-class cities making the staff posted there at 8% HRA.,

Loni or Loni (Urban Area) is not defined either as a X-class area or as a Y-class city and accordingly it has to necessarily fall under Z-class city,

for the purpose of HRA as per Note given in OM dated 07.07.2017 (para 1 supra). Accordingly, payment of HRA at 8%, as is applicable for Z-class",

city, cannot be faulted.",

The factual position, as ascertained (para 9 supra), also indicates that Railway who are a Central Government department, are paying HRA at 8%",

rate to their staff posted at Loni (It is same as Noli as per local dialect). The salary scales etc. in respect of Central Government and Central PSUs,

are covered by different set of instructions and the same cannot be compared.,

Certain areas under Ghaziabad (Urban Area) are required to be defined on the basis of dependency as per OM dated 07.07.2017. Applicants have,

not been able to produce the requisite parameters for such dependency or the certificates in this regard except for the distance chart issued by District,

Magistrate (para 4.3 supra). Even though this distance chart is in the context of payment of HRA, this is at best in the context of State Govt.",

organisations. Therefore, this chart alone is of no help to the pleas being made by the applicants in regard to HRA to Central Government employees.",

In view of the foregoing, the pleas being put forth by the applicants are not gaining acceptability. OA is dismissed being devoid of merit. No order",

as to costs.,

This, however, does not preclude the respondents from clarifying or amplifying on the list of cities to be covered under various classifications as",

per the OM dated 07.07.2017 for the purpose of HRA, taking into account relevant factors, either on their own or on receipt of representation.",