it2025_00228 — Though HRA is inadmissible when Government quarters are allotted, if the accommodation is uninhabitable, the allottee crystallizes his entitlement to grant of HRA as right to life includes the necessary infrastructure to live with human dignity

Though HRA is inadmissible when Government quarters are allotted, if the accommodation is uninhabitable, the allottee crystallizes his entitlement to grant of HRA as right to life includes the necessary infrastructure to live with human dignity — This chunk discusses a court ruling in favor of an SPM (Sub-Postmaster) who was not provided habitable quarters during his post at Biridi, and as a result, was denied HRA (House Rent Allowance). The ... — Facts: The Applicant on his transfer joined as SPM, Biridi Road on 30-9-2016. He was provided with post-attached quarter, which the Applicant did not occupy on the ground of it being uninhabitable. He claimed HRA through his representation, dated 11-11-2016 after submitting a detailed report in October, 2016. The quarter being a rented one, the Respondents requested the owner to repair the same and the ASPOs of the sub-division rendered a report in June, 2017 to the effect that the accommodation is not suitable to live. The HRA was not paid and the Applicant stood transferred from Biridi in August, 2019. His appeal, dated 3-10-2019 having received an unfavourable reply, he has through the OA claimed HRA for the period he stood posted at Biridi. Respondents contested the OA stating that as per Rule 37 of Postal Manual, Vol. VI, free quarters are allowed to Postmasters for proper discharge of work of a post office and as per Rule 4 of the HRA and CCA those occupying or refusing Government accommodation are not eligible for HRA and CCA.