2025:JHHC:22278 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 3054 of 2025 ------ 1. Rajni Sinha, aged about 50 years, wife of Sanjay Kumar, Resident of Lakhi Bagi, Darji Chaak, P.O. & P.s.-Koderma, District-Koderma. 2. Sailja Verma, aged about 58 years, Wife of Upendra Kumar Verma, Resident of Chaiti, Kali Mandap, Sahana Road, P.O. & P.S.-Koderma, Dist.-Koderma. 3. Savitri Kumari, aged about 56 years, wife of Lakhan Dhobi, Resident of Village- Purnanagar, P.O. & P.S. – Koderma, Dist.- Koderma. … … Petitioner(s) Versus 1. The State of Jharkhand. 2. The Director, Primary Education, Department of School Education and Literacy, Government of Jharkhand, Office at Project Building, Dhurwa, P.O. & P.S.- Dhurwa, Dist.-Ranchi. 3. The Secretary, Primary Education, Department of School Education and Literacy, Government of Jharkhand, Office at Project Building, Dhurwa, P.O. & P.S.- Dhurwa, Dist.-Ranchi. 4. The Area Deputy Director of Education, North Chhotanagpur Division, Hazaribag, P.O. & P.S., Hazaribag, Dist.- Hazaribag. 5. The Deputy Commissioner, Koderma, P.O. & P.S.-Koderma, District-Koderma. 6. The District Superintendent of Education-cum-Sub Divisional Education Officer, Koderma, P.O. & P.S.-Koderma, District- Koderma. 7. The Block Education Extension Officer-cum-Drawing and Disbursing Officer, Koderma Block, P.O. & P.S.- Koderma, Dist.-Koderma. … … Respondent(s) ------ CORAM : SRI ANANDA SEN, J. ------ For the petitioner(s) : Mr. Birendra Kumar, Advocate For the Respondent(s) : Ms. Komal Tiwari, AC to AG ------ 02/ 07.08.2025 1. Heard the parties. 2. These three petitioners approached this Court praying therein to grant House Rent Allowance with effect from 01.11.2016 to 14.03.2024, so far as in respect to petitioner No.1, so far as petitioner No.2 from 06.01.2016 to 31.08.2016 and again from 01.11.2016 to 14.03.2024 and so far as petitioner No.3 is concerned from 01.11.2016 to 31.12.2023. 3. The facts are undisputed in this case. These three petitioners are Teachers. Admittedly, their respective husbands are also in Government service. They are residing in their own accommodation. Admittedly, the Government has not allotted any 2025:JHHC:22278 2 accommodation either to these petitioners or to their respective husbands. 4. The petitioners thus claim the House Rent Allowance for the period mentioned above. It is the case that they are getting their House Rent Allowances with effect from 15.03.2024. 5. The issue thus falls for considerations is if the husband and wife both are in Government service and are residing in their self-accommodation or rented accommodation and has not been allotted any government accommodation whether they are entitled for House Rent Allowance. 6. Annexure-4 is the Circular of Finance Department dated 15.03.2024 as contained in Sa. Sa:33/ Vi. (Allowance)-132/2023, 746/Vi. 7. Paragraph 7(I) of the said Circular clearly provides that if the husband and wife are residing together in their own house/rented accommodation, then they are entitled to get House Rent Allowance as per their eligibility. 8. Further, Bihar State Employees (House Rent Allowance) Rules, 1980 6(c)(iii) only debars House Rent Allowance to one of the couples, if they both resides together in an accommodation allotted by the Government, (emphasis supplied by this Court). In this case admittedly, the State has not allotted any accommodation either to the petitioners or their respective husbands. 9. Thus, in terms of Rule 6(c)(iii) of the Bihar State Employees (House Rent Allowance) Rules, 1980, it cannot be said that the petitioners are not eligible to get the House Rent Allowance. 10. The same issue fell for consideration before this Court in WP(S) No.5235 of 2015 in the case of “Nirupma Chaudhary Vs. The State of Jharkhand & Ors”. The Coordinate Bench of this Hon’ble Court vide order dated 07.09.2016 has held that only in case if the husband and wife resides in Government quarter, they are not entitle to get HRA. Similar has been held by another Bench of this Court in WP(S) No.4273/2011 in the case of “Sunita Sharma Vs. The State of Jharkhand & Ors”. 11. Considering the Circular of the Governments and the 2025:JHHC:22278 3 Rules, I arrive at a conclusion that the petitioners are entitled to get House Rent Allowance since no government accommodation has been allotted to them for the period which they are claiming. 12. With the aforesaid observations, this writ petition stands allowed. 13. The respondents are directed to calculate the House Rent Allowance as per their pay-scale and disburse the same within a period of eight weeks from the date of receipt of copy of this order. (ANANDA SEN, J.) Sandeep. Cp3