IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7763 of 2025 ====================================================== Nawal Kishore Prasad Singh Son of Late Nageshwar Singh Resident of village- Karamchand Balra, Post Office- Padmaul, Police Station- Kurhani, District- Muzaffarpur, Bihar, A retired Assistant Teacher, Govt. Upgraded Middle School Pakri Jalal, Block- Marwan, Muzaffarpur, Bihar. ... ... Petitioner/s Versus 1. The State of Bihar Bihar. 2. The State of Bihar, through the Additional Chief Secretary, Department of Education, Government of Bihar, Patna. 3. The Director, Primary Education, Education Department, Government of Bihar, Patna. 4. The District Magistrate, Muzaffarpur. 5. The Regional Deputy Director, Tirhut Division, Muzaffarpur. 6. The District Education Officer, Muzaffarpur. 7. The District Programme Officer, Establishment, Muzaffarpur. 8. The Headmaster, Identified Govt. Middle School Marwan, Muzaffarpur. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Rajesh Kumar, Advocate For the Respondent/s : Mr. Government Pleader (16) ====================================================== CORAM: HONOURABLE MR. JUSTICE NANI TAGIA ORAL ORDER 2 14-05-2025 Heard learned counsel for the parties. 2. The petitioner who retired on 31.07.2023, after attaining the age of superannuation, as Assistant Teacher from Government Upgraded Middle School, Pakri Jalal, Marwan in the district of Muzaffarpur has filed this writ petition praying for payment of House Rent Allowance for the period 01.11.2017 to 31.07.2023 stating that during this period, while he worked as Assistant Teacher in Government Upgraded Middle School, Patna High Court CWJC No.7763 of 2025(2) dt.14-05-2025 2/4 Pakri Jalal, Marwan, Muzaffarpur he did not avail government accommodation and, therefore, he was entitled to be paid House Rent Allowance at the rate of 8% of basic pay in terms of Finance Department’s Resolution No. 12372 dated 31.12.2009 which provides that on and from 01.01.2010, House Rent Allowance at the rate of 8% of the basic pay shall be paid to those employees working inter alia in the district of Muzaffarpur who doesn’t avail the government accommodation. 3. 3. The afore-noted resolution of the Finance Department is quoted hereinbelow for ready reference, which is annexed as Annexure-P/2 to the writ petition:- jkT; ljdkj }kjk fuxZr jkT;kns k” (A) edku fdjk;k HkRrk (House Rent Allowance) foRr foHkkxh; ladYi la[;k& 12372] fnukad& 31&12&2009 }kjk fnukad& 01&01&2010 ds izHkko ls jkT; dfeZ;ksa ds fy, edku fdjk;k HkRrk ds la”kksf/kr nj dh Lohd`fr nh xbZ FkhA (i) jkT; osru vk;ksx ds vuq”kalk ds vkyksd esa edku fdjk;k HkRrk dh orZeku njksa dks fuEu:is.k la”kksf/kr fd;k tkrk gS%& oxZ “kgj dk uke HkRrk dk nj I II III Y Z IkVuk ¼;w0,0½ vjfj;k] vkjk] vkSjaxkckn] cxgk] csxwljk; ¼;w0,0½] csfr;k] Hkkxyiqj ¼;w0,0½] fcgkj “kjhQ] cdlj Nijk] njHkaxk] fMgjh] x;k ¼;w0,0½] xksikyxat] gkthiqj] tekyiqj] teqbZ] tgkukckn] dfVgkj ¼;w0,0½] fd”kuxat] y[khljk;] e/kqcuh] eksdkek] eksfrgkjh ¼;w0,0½] eqaxsj] eqtQ~Qjiqj] uoknk] iwf.kZ;ka ¼;w0,0½] lgjlk] leLrhiqj] lklkjke] lhrke<+h ¼;w0,0½] lhoku] lqikSyA ewy osru dk 16 % ewy osru dk 8 % Patna High Court CWJC No.7763 of 2025(2) dt.14-05-2025 3/4 voxhZ;d`r “kgj &&&&&&&&&&&&&&&&&&&& ewy osru dk 6 % xzkeh.k {ks= &&&&&&&&&&&&&&&&&&&&&&&& ewy osru dk 4 % (ii) fcgkj Hkou] ubZ fnYyh ds dfeZ;ksa ds fy, edku fdjk;k HkRrk dh nj ewy osru dk 24% gksxkA 4. Resolution of the Finance Department No. 12372 dated 31.12.2009 extracted hereinabove as annexed by the petitioner as Annexure-P/2 in the writ petition provides that 8% of the basic pay shall be paid as House Rent Allowance to the districts mentioned in the Z category which includes the district Muzaffarpur. 5. The petitioner states to have worked as Assistant Teacher in Government Upgraded Middle School, Pakri Jalal, Marwan in the district of Muzaffarpur on and from 01.11.2017 to 31.07.2023; on which date he retired from the service on attaining the age of superannuation. 6. Upon consideration of the facts pleaded by the petitioner it appears that in terms of the Resolution of the Finance Department No. 12372 dated 31.12.2009, the petitioner is entitled to be paid House Rent Allowance at the rate of 8% of the basic pay for the period from 01.11.2017 to 31.07.2023. 7. The petitioner states that he has not been paid House Rent Allowance at the rate of 8% but has been paid at a lower rate of 4% of the basic pay for the period mentioned Patna High Court CWJC No.7763 of 2025(2) dt.14-05-2025 4/4 above. 8. Under the circumstances, this writ petition is hereby disposed off with a direction to the respondents, more particularly, respondent No. 7/ the District Programme Officer, Establishment, Muzaffarpur to pay the petitioner House Rent Allowance at the rate of 8% of his basic pay drawn during the period 01.11.2017 to 31.07.2023 for the period 01.11.2017 to 31.07.2023, if the Finance Department’s resolution No. 12372 dated 31.12.2009 as extracted hereinabove is the resolution that was in force during the period 01.11.2017 to 31.07.2023 for payment of House Rent Allowance to the petitioner. 9. The necessary decision/action in this regard shall be taken by the respondents, more particularly, respondent No. 7/ the District Programme Officer, Establishment, Muzaffarpur within a period of four weeks from the date of receipt of certified copy of the order. 10. The writ petition is disposed off with the above direction. Nishant/- (Nani Tagia, J) U