Grant of House Rent Allowance to the employees who have vacated government quarters – NC (JCM)

Grant of House Rent Allowance to the employees who have vacated government quarters – NC (JCM)

Grant of House Rent Allowance to the employees who have vacated government quarters – NC (JCM)
point-no.-16

MINUTES OF THE MEETING OF THE STANDING COMMITTEE HELD BETWEEN THE
STAFF-SIDE, NATIONAL COUNCIL (JOINT CONSULTATIVE MACHINERY) AND THE
OFFICIAL-SIDE UNDER THE CHAIRMANSHIP OF SECRETARY(P) AT 3.00 P.M. ON
03.05.2017

S.No. 16 — Grant of House Rent Allowance to the employees who have vacated government quarters.

Department
of Expenditure had through their 0. M. No. 10-2/2016- E.III(A) dated
12.04.2017 informed that as per the O.M. dated 27.11.1965 of the D/o
Expenditure, HRA would be admissible to government employees eligible
for government accommodation only if they had applied for it but did not
get it. In places where surplus government accommodation is available,
Ministry of Urban Development insists on the employees’ furnishing ‘No
Accommodation Certificate’ at the place of posting. DoE further stated
that they had not received the orders of the CAT, Chennai/ Madras High
Court from the Ministry of Defence and hence DoE does not know whether
the CAT order has been implemented or not. However, after the dismissal
of the WP /SLP by the Calcutta High Court/Supreme Court, DoE had agreed
to a proposal from MoD for implementing the CAT Calcutta’s order in an
exactly similar matter. But the benefit was restricted to the applicants
of the O.A. DoE further asserted that since the requirement of No
Accommodation Certificate was in order, it did not require any review.
MoD was advised to defend similar cases pending before courts.
Representative
of Ministry of Urban Development informed that the HRA rules are
administered by the Ministry of Finance and the Directorate of Estates
(DoE) does not deal with every matter related to HRA. DoE is partly
concerned with HRA Rule 4(a) (ii) to determine the entitlement of their
employees for HRA where the admissibility of HRA to an employee is to be
seen in the context of refusing govt. accommodation. DoE only notifies
the cities in which the govt. residential accommodation is in surplus
for the guidance of DDOs in various Central Government offices so that
they could determine the entitlement of HRA of the individual officer
under their control. Directorate of Estates (Region Section) vide 0.M
no. D-11016/36/2011-Regions, dated 26.04.2012 has permitted the
utilization of surplus/ vacant houses of GPRA in absence of demand from
eligible persons by ineligible Central Government offices to prevent
revenue loss to the exchequer. Therefore, there is no scope of revenue
loss to the exchequer even if houses have to be declared ‘surplus as
certain employees vacate their Government accommodation after building
their own after availing HBA.
In view of this, DoE
accepted ‘in principle’ the comments of Staff-Side on this item
regarding grant of House Rent Allowances to the employees who had
vacated Government Quarters. However, since the instructions relating to
quantum, entitlement and admissibility of house rent allowance (HRA)
are issued by Ministry of Finance, the issues are being taken up with
them before taking a final decision on the issue. JS(Personnel) stated
that if a reference is sent to them, Department of Expenditure will look
into the issue.
In view of the information provided by Ministry of Urban Development, it was decided that the item may be closed.

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