House retention scheme on transfer
Querist :
Anonymous
(Querist) 30 November 2011
This query is : Resolved
One of the CPSE has a scheme by which they allow Retention of house ( Corporation Owned/ leased/ or Own arrangement of the officer) at previous place of posting on transfer to new place of posting. In case if its own arrangement by the officer, HRA is paid, This is allowed under compelling reasons like Spouse working, Children's education, Aged parents etc. At new place of posting they allot bachelor accommodation. However this is allowed only to married officers. They do not allow this to un married officers if he retains house for aged parents and avails bachelor accommodation at new place such officer will not get HRA. Is it not violation of article 14 of the constitution.
Raj Kumar Makkad
(Expert) 02 December 2011
This is a clear cut case of violation of Constitution so you are advised to challenge the aforesaid arrangement before High Court seeking its enlargement to the unmarried employees.
Guest
(Expert) 04 December 2011
Sorry to differ with the above opinions of experts. I am of the firm view, there is no violation of Article 14 of the Constitution.
The article intends to provide guidelines for the Governments (State), NOT any individual entity. CPSE is a company, an artificial person, as governed by the company law, and has the right to frame business for itself and its property and the service rules for its employees. Company law does not provide any such provision that the unmarried persons with lesser service should be treated on equal footing with the married persons.
Secondly, the rule about employees accommodation or HRA of the CPSE, does not indicate any discrimination on the grounds of religion, race, caste, sex or place of birth, as stipulated in Article 14.
If you are so worried about your old age parends, you should rather always keep them under your personal care wherever you live. Why do you intend to keep them far away from you to deprive them of your personal care, which they direly deserve at the fag end of their life?
You are destined to lose, if you file a writ.
