DR.VINITA SINGH AND ANOTHER v. STATE OF U.P. AND OTHERS
WRIA/66166/2011 · 2025-07-31
Donadi Ramesh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 45183 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 45183 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:129096 Court No. - 38 Case :- WRIT - A No. - 66166 of 2011 Petitioner :- Dr.Vinita Singh And Another Respondent :- State of U.P. and Others Counsel for Petitioner :- Amit Saxena,Saurabh Singh Counsel for Respondent :- A.S.G.I.-2011/2284,Shireesh Gopesh Hon'ble Donadi Ramesh,J.
1. The present writ petition is filed questioning the order dated 22.06.2011 and consequential recovery order dated 09.08.2011.
2. As both the petitioners are spouses and both are working in Government Organization and getting H.R.A. as per the Rules. Considering that the spouses are working and getting H.R.A. the respondents have passed order cancelling the H.R.A to the petitioners vide order dated 22.06.2011 and consequential order for recovery of the H.R.A which was already paid is passed on 09.08.2011.
3. The said orders were stayed by this Court vide order dated 18.11.2011.
4. Subsequently, the Government itself has considered the issue/ controversy and issued a circular on 11.02.2015 and also on 29.12.2016. In view of the said clarification orders issued by the Government, nothing survives to decide in this matter.
5. Also, learned counsel for the petitioner has brought to the notice of the Court that despite the stay granted by this Court on 18.11.2011, the respondents have not released the H.R.A. to the petitioners from June, 2011.
6. In view of the said circumstances, the impugned order dated 22.06.2011 and 09.08.2011 are set aside, directing the respondents to release all differential amount i.e., H.R.A. which the petitioners are entitled from June, 2011. This exercise should be completed within a period of three months from the date of a receipt of a copy of this order.
7. Accordingly, the present writ petition is disposed of. Order Date :- 1.8.2025 AdityaG (Donadi Ramesh,J.)
Digitally signed by :- ADITYA GAUTAM High Court of Judicature at Allahabad