Harjinder Kaur vs State of Punjab and Others

Tejinder Singh Dhindsa, J.—The petitioner, who is serving as a Staff Nurse under the Department of Health, State of Punjab has filed the instant writ petition raising a grievance that the respondent-authorities had deducted house rent from her salary. Counsel for the petitioner would argue that the petitioner was posted as Staff Nurse at CHC, Ghoman and her salary was being deposited in the bank by the respondent-department. From the salary statement, the petitioner became aware that house rent is being deducted, whereas she had never been allotted any government accommodation. Further case set up on behalf of the petitioner is that she had never even applied for any allotment of the government quarter. Counsel has further argued that as per instructions issued by the State Government, it was the senior employee/staff Nurse, who was to be allotted the government accommodation and since the petitioner was not the senior most on the place of posting, the deduction of HRA from the salary of the petitioner would be bad in law. Upon notice of motion having been issued, a reply of the Senior Medical Officer, Primary Health Centre, Bham on behalf of respondents No. 1 to 4 was filed, wherein a categoric stand was taken that the petitioner was allotted a government accommodation in the civil hospital complex in Primary Health Centre, Ghoman and such allotment was made as per government policy as the petitioner was senior in service than the other Nurses and that the petitioner had been residing at this quarter and had been using the garage of said quarter for her car.

On 07.08.2012, this Court had directed the State Government to place on record the specific letter of allotment of the government accommodation in favour of the petitioner. In compliance of the order dated 07.08.2012 passed by this Court, an additional affidavit dated 12.09.2012 of the Senior Medical Officer, PHC, Bham, District Gurdaspur was filed and appended along with the same at Annexure R-I/T is letter bearing No. 1/SMO/BHAM/09/1760 dated 20.10.2009, which would clearly depict that a class III quarter stood allotted to the petitioner at CHC, Ghoman.

Even though, counsel for the petitioner would raise a dispute as regards the factual position of having occupied such allotted residential accommodation in terms of adverting to a certificate issued by the Sarpanch of the Gram Panchayat, Village Ghoman at Annexure P-6, still this Court is of the considered view that such disputed question of fact cannot be gone into while exercise of extraordinary writ jurisdiction under Article 226 of the Constitution of India. Even the submission made by the learned counsel for the petitioner that she was not the senior most and as such, could not have been allotted the government accommodation is without any consequence, inasmuch as it is not the letter of allotment of the government accommodation i.e. under challenge before this Court.

In the light of the fact that vide Annexure R-I/T dated 20.10.2009, a class III quarter stood allotted in favour of the petitioner, I find no infirmity in the action of the State Government in having deducted HRA from the salary of the petitioner.

No merit. Dismissed.