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Payment of hra to a central govt staff

Querist : Anonymous (Querist) 06 July 2018 This query is : Resolved 
Sir,
Qtrs was allotted to a central govt official in chennai. He was staying with his wife in that Qtrs. Subsequently he applied for divorcing his wife in family court chennai. Afterwards he was transferred to Bangalore and the estate officer directed him to vacate the Qtrs as he was transferred. He was ready to vacate but his wife refused and obtained stay on the eviction order in the H'ble High court chennai as it is part of her maintenance. The Govt employee went to Madras CAT and obtained permission to draw HRA or apply for fresh Qtrs in the new place irrespective of t he high court order to be issued on this subject. Then the official was transferred to chennai again. The incumbant's knowing his previous history had asked for clarification about the Qtrs alloted to him and the estate officer clarified the Qtrs is still in his name and the official not eligible for HRA. Then the incumbant's 's office did not pay for his tenure . The official was transferred to Vijayawada.
Whether official's chennai office decision not to pay HRA to him is correct or not?
If HRA was to be paid him for his tenure in chennai who is responsible for the revenue loss to the govt? His spouse still occupying his Qtrs in Chennai and the divorce case in family court in Chennai. How the central govt office which was innocently traped in this case can come out with out any revenue loss? Please advise. Ganesh S
Dr J C Vashista (Expert) 07 July 2018
Very confusing statement.
Consult either of your lawyers contesting your case(s) in CAT as well as High Courts at Chennai as well as Bangalore.
Ms.Usha Kapoor (Expert) 07 July 2018
I agree with Vashista.
P. Venu (Expert) 07 July 2018
Who is the Govt. servant concerned? How are you related to this issue? The facts suggest that episode is stage managed and collusive and sheer abuse of the Law.
Querist : Anonymous (Querist) 07 July 2018
OA 634 &740 of 2011 in Madras, WP 30203 of 2011, CRP 677/2014 are the case nos
Querist : Anonymous (Querist) 07 July 2018
OA 634 &740 of 2011 in Madras, WP 30203 of 2011, CRP 677/2014 are the case nos
Querist : Anonymous (Querist) 07 July 2018
Whether the govt employee in this context can file contempt petition against the government for not paying HRA to him in chennai?
P. Venu (Expert) 08 July 2018
Are you the Government servant involved?
Querist : Anonymous (Querist) 08 July 2018
No, not at all. But that employee contend that non pay of HRA to him by our dept. Invite contempt.
P. Venu (Expert) 08 July 2018
I could not find any judgments/orders as to the mentioned cases in the Net.


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