- 1 - HC-KAR NC: 2025:KHC:42623-DB WA No. 752 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE RAJESH RAI K WRIT APPEAL NO. 752 OF 2024 (S-RES) BETWEEN: 1. INDIAN STATISTICAL INSTITUTE NO.203, B T ROAD, KOLKATTA-700108 REPRESENTED BY DIRECTOR. 2. INDIAN STATISTICAL INSTITUTE BANGALORE CENTRE, 8TH MILE, MYSORE ROAD, RVC POST, BENGALURU-560059. REPRESENTED BY ITS HEAD OF THE CENTRE …APPELLANTS (BY SRI. MADHUKAR M DESHPANDE., ADVOCATE) AND: 1. PROF DR KAUSHIKMAJUMDAR SON OF SOBHAN KUMAR, AGED ABOUT 56 YEARS, R/AT G-4, GUEST HOUSE, INDIAN STATISTICAL INSTITUTE, 8TH MILE, MYSORE ROAD, RVC POST, BENGALURU-560059. 2. THE STATE COMMISSIONER FOR RIGHTS OF PERSONS WITH DISABILITIES NO. 55, II FLOOR, ABHAYASANKEERANA, KARANATAKA SLUM DEVELOPMENT BOARD Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42623-DB WA No. 752 of 2024 BUILDING, RISALDAR STREET, SESHADRIPURAM, BEGALURU-560020. REPRESENTED BY ITS COMMISSIONER. …RESPONDENTS (BY SRI. SEETHARAMA RAO B C., ADVOCATE AND SRI. ANUP SEETHARAM RAO., ADVOCATE FOR R-1; SRI. M.N.SUDEV HEGDE, AGA FOR R-2) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, PRAYING TO CALL FOR RECORDS IN WP No-264/2024 (S-RES) AND TO SET ASIDE ORDER DATED 01.04.2024 PASSED IN WP No-264/2024 (S- RES) PASSED BY THE LEARNED SINGLE JUDGE AND CONSEQUENTLY DISMISS THE WP. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) The present intra Court Appeal has been filed impugning the judgment and order dated 01.04.2024 passed by the learned Single Judge in W.P.No. 264/2024 (S-RES). 2. For the sake of convenience, the parties are referred to as per their rankings before the learned Single Judge. - 3 - HC-KAR NC: 2025:KHC:42623-DB WA No. 752 of 2024 3. The petitioner, who was selected as an Assistant Professor in the respondents/Indian Statistical Institute (for brevity 'the Institute') in the year 2009, was physically disabled person having 85% orthopaedic disability and requires wheel chair for his mobility. In the absence of suitable accommodation according to his needs having not been provided by the Institute, the petitioner has been staying in the guest house of the Institute, since his initial appointment as an Assistant Professor. 4. It appears that the petitioner while staying in the guest house has also been drawing the HRA admissible to him. An audit objection came to be raised in the year 2019, and then the Institute stopped paying HRA to him. 5. Sri Madhukar M Deshpande, learned counsel appearing for the appellants submits that petitioner is not entitled to draw the HRA, once he is occupying guest house, which is also an accommodation provided to him by the Institute. He further submits that the Institute had - 4 - HC-KAR NC: 2025:KHC:42623-DB WA No. 752 of 2024 been careful to modify the accommodation to suit the needs of the petitioner. It is also submitted that when the Institute tried to construct a suitable accommodation for the Professor, he objected to it, saying that his accommodation should not be near the Boys Hostel. 6. The next submission of Sri Madhukar M. Deshpande, learned counsel is that HRA is only compensatory for the accommodation of an employee, and it is not a right. His submission is that once the petitioner is occupying the guest house and he is comfortably housed in the said accommodation, he is not entitled for the HRA. 7. Sri Madhukar M Deshpande, learned counsel submits that petitioner has not been paying the guest house charges but he was drawing HRA. He has also placed reliance on the judgment in the case of DIRECTOR OF CENTRAL PLANTATION CROPS RESEARCH INSTITUTE VS. M. PURUSHOTHAMAN AND OTHERS (1994 SUPP(3) SCC 282) to press his point. - 5 - HC-KAR NC: 2025:KHC:42623-DB WA No. 752 of 2024 8. On the other hand, Sri. Seetharama Rao, learned counsel for the respondent submits that the petitioner has been staying in the guest house under the compelling reasons and not out of his own will, as the Institute has failed to provide suitable accommodation to suit the needs of his disability. He further submits that he has no objection for paying the guest house charges, but his right to draw the HRA cannot be denied in the facts of the present case, inasmuch as it is the responsibility of the Institute to provide a suitable accommodation to a physically challenged person. 9. The guest house accommodation cannot be compared to a full fledged accommodation as per the entitlement of the petitioner. In the absence of suitable accommodation having been provided by the Institute, the petitioner has been occupying the guest house and we are of the view, that the said accommodation cannot be compared as the full fledged accommodation to which the - 6 - HC-KAR NC: 2025:KHC:42623-DB WA No. 752 of 2024 petitioner is entitled to. Since the Institute has failed to provide suitable accommodation according to the needs of the petitioner, the petitioner is entitled to draw the HRA. 10. We have considered the submissions of learned counsel for both the parties. 11. Insofar as the judgment in the DIRECTOR OF CENTRAL PLANTATION CROPS RESEARCH INSTITUTE (supra) concerned, the said judgment is not applicable to the facts of the present case as the employee in that case, refused to occupy the official accommodation despite having been offered. Here it is not that case. In the present case, there is no official accommodation available to suit the needs of the petitioner, and therefore, we are of the view, that on the facts of the present case, judgment cited by learned counsel for the appellant is distinguished. The HRA may be compensatory in nature, but if the employer fails to provide suitable accommodation to suit the needs of disabled person, he cannot be denied the HRA on the ground that he has been staying in the guest house of the - 7 - HC-KAR NC: 2025:KHC:42623-DB WA No. 752 of 2024 institution. However, since the petitioner has been occupying the guest house, he is liable to pay the guest house charges, and the Institute shall be at liberty to raise the bill from the date he has been occupying the accommodation in the guest house, and the petitioner shall pay the said amount within a period of two months, thereafter. 12. With the aforesaid liberty to the Institute for raising the bill in respect of the guest house charges on the petitioner, we dispose of this appeal and uphold the judgment and order passed by the learned Single Judge. 13. In view of disposal of the writ appeal, pending I.A.s stand disposed of. Sd/- (D K SINGH) JUDGE Sd/- (RAJESH RAI K) JUDGE NG List No.: 1 Sl No.: 27