The Madras High Court Bench here has directed the State Government to take a decision, as expeditiously as possible, on permitting teachers working in various government schools in Thuraiyur Panchayat Union, Uppiliyapuram Panchayat Union and Thuraiyur town to draw house rent allowance (HRA) applicable for Grade II towns.
Disposing of a writ petition filed by Tamil Nadu Edainilai Aasiriar Sangam, an association of middle school teachers, Justice K. Chandru restrained the authorities concerned from recovering the HRA, already granted to the teachers based upon the Tiruchi Collector's proceedings dated November 23, 2009, until the Government took a decision on the issue in one way or the other.
However, the judge made it clear that the teachers could not continue to receive the revised HRA as it would amount to unauthorised drawing of money without any specific orders issued by the Government. He pointed out that the Government had not delegated any financial powers on the Collector who had issued the 2009 proceedings leading to payment of additional HRA.
According to the petitioner association, the Government issued an order in 1986 stating that government servants residing in Grade II towns and areas within eight kilometre radius would be eligible for grant of HRA as admissible to Grade II towns. If an area falling within the eight kilometre radius was a part of a Panchayat Union, then the entire Panchayat Union shall be considered for the purpose of granting HRA as admissible to Grade II towns. In 1998, the Thuraiyur Municipality was upgraded from third grade to second grade and hence members of the petitioner association made several representations for enhancement of their HRA as per the 1986 G.O. Even as those pleas were pending consideration, the Municipality was upgraded further as a Selection Grade Municipality in 2008. Acceding to their request, the Collector issued a clarification in 2009 holding that the teachers were eligible for revised HRA. But in June this year, the Principal Secretary and Commissioner, Treasury and Accounts Department, ordered recovery of the amount on the ground that it could not be drawn without an order of the Government.
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