it2025_00405 — Payment of HRA at differential rates to officials working in different departments in the same station of posting is discriminatory

Payment of HRA at differential rates to officials working in different departments in the same station of posting is discriminatory — This OA (Original Application) is regarding a dispute over the payment of House Rent Allowance (HRA) at differential rates among officials working in different departments in Aizawl, despite them bei... — Facts: The Applicants in this OA working in Aizwal have been posted at Aizawl on different dates viz. 27-9-2019, 14-6-2019 and 27-6-2019 respectively. Though similarly situated employees working at Aizawl were granted benefits of HRA @ 'B' class city rate in terms of the Order, dated 12-4-2002 passed in O.A. No. 381 of 2000, the Applicants were paid HRA only @ 8%. Therefore, the Applicants submitted representations to the concerned authorities. The Ministry of Finance, Department of Expenditure, by OM, dated 7-7-2018, had extended the benefits of HRA @ 16% of basic pay to its employees who were posted at Aizawl, Mizoram in accordance with the Order, dated 19-9-2017 passed by this Tribunal in O.A. No. 267 of 2017. The Ministry of Communication and IT, Department of Post vide OM, dated 1-3-2016 have extended the benefits of HRA @ 16% of basic pay to its employees at Aizawl, Mizoram, who joined after 2017 onwards with the concurrence of the Ministry of Finance, Department of Expenditure. The Learned Counsel for the Applicants placed reliance upon an Order, dated 11-5-2022 issued by the Office of the Principal Accountant General, Mizoram, Aizawl wherein 9 persons who joined after 2019 onwards were granted the benefits of higher rate of HRA (at the rate of B/Y class city i.e. 16%) on implementation of the Order, dated 20-1-2022 passed by this Tribunal in O.A. No. 044/00007 of 2022. However, the said benefits have not been granted to the Applicants. The Respondents have filed their counter stating that after implementation of 7th CPC, as per OM, dated 7-7-2017, Aizawl city has been classified as 'Z' class city and therefore, the present Applicants, who were posted and joined at Aizawl after 2019, are not entitled to get any benefits. In reply, the Learned Counsel for the Applicants once again relied upon the Order, dated 11-5-2022 issued by the Office of the Principal Accountant General, Mizoram, Aizawl and also another Order, dated 2-5-2023 passed by this Tribunal in O.A. No. 044/00231 of 2019 (Mohan Das and others v. Union of India and others). The main issue involved in the instant case is whether the present Applicants, who were posted at Aizawl after 2017 are entitled to get benefits of 'B' class city rate i.e. HRA @ 16% or not. The very same issue was considered before this Tribunal by different Benches and lastly in O.A. No. 044/00231 of 2019, wherein this Tribunal vide Order, dated 2-5-2023 had observed and directed as under: "22. We failed to understand, if according to the Respondents, Aizawl had been classified as 'C' class city, then why the Ministry of Finance had accorded sanction to extend the benefit of HRA @ 'B' class city to the petitioners of aforementioned Original Application vide O.M., dated 1-3-2016 (Annexure-A/9) to the employees of Postal department as well as other different departments/Ministries, who are/were posted at Aizawl/Mizoram. Therefore, in our considered opinion, Government cannot discriminate the employees working in same city by treating the same city in two categories for two sets of employees. However, since the Applicants have not mentioned their period of working at Aizawl, therefore, we quash and set aside the Memorandum, dated 17-9-2018 (Annexure-A/1), impugned Speaking Order, dated 11-4-2019 (Annexure-A/2) and direct the Respondents to extend the benefits of the Order of this Tribunal, dated 12-4-2002 passed in O.A. No. 381 of 2000 (Annexure-A/17) as well as Order, dated 19-9-2017 passed in O.A. No. 044/00267 of 2017 (Annexure-A/7) and grant the consequential benefits, within a period of four months from the date of receipt of copy of this order, after verifying their period of posting in Aizawl, Mizoram. 24. OA stands disposed of with the above observations and directions with no order as to costs." It is also a fact that by Order, dated 11-5-2022, the Principal Accountant General, Mizoram, Aizawl has granted higher rate of HRA at B/Y city to certain officials who were similarly situated as the Applicants in O.A. No. 044/00425 of 2019. Moreover, though the Respondents have filed an appeal before the Hon'ble Gauhati High Court by filing WP(C) No. 7550 of 2023 against the order in the case of Mohan Das, wherein though notice was issued on 22-12-2023, the Hon'ble Guwahati High Court has not granted any stay against the Order of this Tribunal, dated 2-5-2023 in O.A. No. 044/00231 of 2019 passed by this Tribunal.