HRA for Öwning House Employees
brijesh sharma
(Querist) 09 December 2010
This query is : Resolved
"What is the rule position for House rent Allowances who are living in their own/parental house within the municipality?Is Owning houses employee are bound to accept the focibly alloted Govt.accomodation or forefieted his HRA? or owning houses employee is entitle HRA in accordence of HRA rule/para7 ? Please speak actual rule position because many of tha court are not providing actual position.
A V Vishal
(Expert) 09 December 2010
As per extant rules governing government employees, the employee cannot claim HRA if he is residing at his own house/parental house.
Parthasarathi Loganathan
(Expert) 09 December 2010
In fact, if they are entitled for leased accommodation provided by the employer as in the case of Bank officers and if they stay in their own house/parental house, they are entitled for 150% of eligible HRA on account of loss of rent on house property.
brijesh sharma
(Querist) 10 December 2010
In my knowledge HRA rule 4(a)(i) by which the govt. servants eligible for govt.accomodation will be paid HRA when they applied for govt. accomodation and Directorate of Estates deny the same and provide the unavailability certificate. This rule 4(a)(i) was framed on 27.11.1965, But at this time Öwning houses employees wewe not eligible for govt. accomodation. Please see the O.M.of dated 09. sept, 1975 in attached file. please also see the para 1 and 3 of O.M. of dated 21.June,2001 and O.M. of dated 22.10.1990 in attached file.
brijesh sharma
(Querist) 11 December 2010
Please see HRA Para /Rule 4 which was framed on 27.11.1965 and applicable for “Govt. servant eligible for Govt. accommodation. Please see the HRA rule/Para 5 (c ) and (e) which was framed after HRA rule/Para 4, this rule clarifies “who is not entitled for HRA”. Now see the HRA Rule/ para 7, which was framed too after the HRA rule/Para 4. Please also see the HRA portion of latest “Swamy’s Handbook and Nabhi publcation’s Referencer. I am feeling that I have confidence that thereis no any Office Memorandums/ circular which denies HRA for “Owning Houses employees”. I am attaching PDF file accordingly. It is also requested that please see the Allotment of Residences/ House allotment Rules of CSIR, Port Trust of India, Chandigarh Administration, National Institution of Public and Policy New delhi and Anna University. Here “Own Houses employees are not eligible for Govt. accommodation. All are also available at internet. It is also confirm that Allotment of Govt. Residences Rules came into force on dated 15th. May of 1963. HRA rules framed thereafter. Please see the reply of secretary of Joint consultative Machinery (staff side) new delhi.(Attached).Please reply with authentic and valid evidence by which suferer may take benefit ardingly.
brijesh sharma
(Querist) 11 December 2010
Please see HRA Para /Rule 4 which was framed on 27.11.1965 and applicable for “Govt. servant eligible for Govt. accommodation. Please see the HRA rule/Para 5 (c ) and (e) which was framed after HRA rule/Para 4, this rule clarifies “who is not entitled for HRA”. Now see the HRA Rule/ para 7, which was framed too after the HRA rule/Para 4. Please also see the HRA portion of latest “Swamy’s Handbook and Nabhi publcation’s Referencer. I am feeling that I have confidence that thereis no any Office Memorandums/ circular which denies HRA for “Owning Houses employees”. I am attaching PDF file accordingly. It is also requested that please see the Allotment of Residences/ House allotment Rules of CSIR, Port Trust of India, Chandigarh Administration, National Institution of Public and Policy New delhi and Anna University. Here “Own Houses employees" are not eligible for Govt. accommodation. All are also available at internet. It is also confirm that Allotment of Govt. Residences Rules came into force on dated 15th. May of 1963. HRA rule 4(a)(i) framed thereafter on 27.11.1965. Please see the reply of secretary of Joint consultative Machinery (staff side) new delhi.(Attached).Please reply with authentic and valid evidence by which suferer may take benefit accordingly.
brijesh sharma
(Querist) 14 December 2010
Government as well as many department are confusing in describing the meaning of "Rent" in HRA. But in my opinion the meaning of "Rent" is clearly mentioned in Swamy's HRA and CCA book (PDF file attach).If a owner spent the money on maintenance and taxes on his house shall be consider as "Rent". See attached file.
brijesh sharma
(Querist) 21 December 2010
It is also atrecting on the lenguage of some persons "that HRA not the right and can not provide for benefit". In my opinion and mentioned on 14 December 2011 in attached file "the rent is clarifies as the money spent on taxes and maintenance may also be conceder as HRA.Please see the attached file of dated 14december 2010.
brijesh sharma
(Querist) 22 December 2010
In my view the own houses employees are still ineligible for getting the govt. residences on normal license fees as private rented employees. If own houses employees is getting the govt. residences he will pay enhanced license fee (M.U.D.O.M.No.12035/11/99-pol.II, dated 27.04.2003 and Directorate of Estates, O.M.No. 18015(8)/81- Pol. III, dated 02.07.1984) (See attached file), while rented houses employee will be pay normal license fee. Please see the para 5 “Quarters to house-owning employees” of “Government Quarters” of swamy’s hand book. Some departments are creating confusion in explaining the meaning of “Rent”. They are explaining that “Rent” is not a right and not provide for benefit of employee. In my opinion “rent” is clearly explain in my attached file of dated 14 December 2010. The money which is spent on maintenance and taxes of the house would also be considered “rent”. Please see the para No.86 and 87 (19) of judgment of supreme court passed on dated 23.December, 1996 in W.P.(C) No.585 of 1994 (Shiv Sagar Tiwari vs Union of India) (citation AIR 1997 SUPREME COURT 2725). Supreme court clarifies that own houses employee should be debarred for getting the govt. residences.
Pradeep
(Expert) 19 December 2013
but dont u think one can pay rent for staying at his fathers residence if he is not a minor ? My dad has 2 houses which he has genuinely let out to two of his children..
Devajyoti Barman
(Expert) 19 December 2013
How come a three years old query is revived today.
Guest
(Expert) 19 December 2013
Mr. Pradeep could have searched the old queries and would have found that feasible to be replied now after three years. He is a member since 2008, but could not have noticed the query three years back for reply.
