Hra eligibility for own house.
Gunavant patil
(Querist) 07 September 2015
This query is : Resolved
Hi,
This is Patil Gunavant M. age 35 yrs. working in Public sector defense unit in nasik.
I have purchased my own new house in 2009 at nasik through 20 yrs. of home loan and i am staying/ residing in that my new house.
But As per my entitlement in company i am eligible for company quarter for accommodation. accordingly they have offered the quarter for me .
Due to my residence at my own purchased house it is not possible to stay at company quarters.
accordingly to my denying company has given in written that i am not eligible for HRA reimbursement(20% of basic pay) due to sufficient nos. of quarter is available.
So Kindly suggest me what i have to follow to reimbursement of HRA amount(20% of basic pay)
1. shall i have to take the quarters ? or
2. i have to file the complaints ?
Regards,
Gunavant Patil
8884185395
Guest
(Expert) 07 September 2015
Better Sort it Out amicably.There should be People who have their Own house in your Office ,Check with them How do they handle This.Avoid Legal Steps .
Gunavant patil
(Querist) 07 September 2015
agree.
but from last 3 years lot of people they are not getting the HRA who is staying in own house .
is the any valid legal angle (steps) is available? because peoples are saying that it is company policy.... and totally Rs. 50 k loss is there.
Anirudh
(Expert) 07 September 2015
The Organization is either required to provide you residential accommodation or HRA in lieu thereof.
If the Organization has offered you the residential accommodation, and if you did not avail it for whatsoever reason, then the organization is not liable to pay HRA to you.
If you want, you can take the quarters.
Making complaints will be of no use, as rules are very clear on the subject.
Gunavant patil
(Querist) 07 September 2015
which are the Organization not liable to pay HRA to you in case of organization has offered you the residential accommodation, and if you did not avail it for whatsoever reason.
Anirudh
(Expert) 07 September 2015
Not clear as to what you want to say?
Gunavant patil
(Querist) 07 September 2015
what are the rules for the same? as it is companywise rule ?
Anirudh
(Expert) 07 September 2015
It is the general rule and most of the companies adopt and follow.
Guest
(Expert) 07 September 2015
Although not a legal problem, but still the answer is, refusal to accept Government/ PSU's accommodation disqualifies an employee from HRA.
Guest
(Expert) 07 September 2015
Precisely Advised by Senior Advocate/Senior Expert Mr.P.S.Dhingra
Rajendra K Goyal
(Expert) 07 September 2015
Agree with the expert PS Dhingra ji.
Sudhir Kumar, Advocate
(Expert) 08 September 2015
well explained by Mr Anirudh and well elaborated by Mr Dhingra.
PSU cannot be forced to have vacant Qtrs and still paying HRA.
K.S.Srinivas
(Expert) 09 September 2015
Agreed with the experts Anirudh and Dhingra.
