Impressibility of hra to both husband and wife

Querist : Anonymous (Querist) 25 November 2019 This query is : Resolved
Sir/Madam,
We are both State Govt. emplolyees of West Bengal.
I am an Assistant Professor of Jadavpur University since 2013 and residing in my own flat at Jadavpur.
My Husband is Dental Surgeon at Haldibari Rural Hospital, Coochbehar and residing at a rented house at Haldibari since 2016.
We together are drawing total 6000 /- per month as hra but residing separately at very far place
His place of posting is more than 600 km from my work place(Kolkata).
My question is:
Are we both eligible to draw get full HRA ? Can you please give the reference of the government order or memorandum regarding this. No. 955-SE(Law)/SL/5S-1221/09 Dated: 27.07.2011 is for School Education only. We need to know the same for Higher education and health services.
Thank you in advance.

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Sudhir Kumar, Advocate (Expert) 25 November 2019
if any one of you has a govt accommodationyou are posted in separate municipality both can drawn HRA.

here it appears none of you has a govt accommodation and could be drwaring HRA even if posted in same town.

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Querist : Anonymous (Querist) 26 November 2019
Can you provide me the government order by which we can establish our eligibility of drawing full hra.

Sb Karma (Expert) 26 November 2019
You can cited following case...pls follow link

https://www.casemine.com/judgement/in/5811a51ee691cb26fc4da6cf

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P. Venu (Expert) 27 November 2019
Yes, the decision cited by the learned expert Shri Karma squarely apples to the facts of the query posted. Even in the light of the particular norms in force in West Bengal, the queriest and her husband are entitled for HRA.

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Sudhir Kumar, Advocate (Expert) 27 November 2019
govt rules on HRA are available on internet

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Querist : Anonymous (Querist) 27 November 2019
Actually I posted this quarry because we both applied for full HRA to our respective Head of the Institute before two years but till now it is not resolved. In service rule it is not mentioned. But after going through some case I am confirmed that we are eligible to draw full HRA and till now we lost almost 3.5 lacs. We are getting proper reference of the government order. At this situation please suggest our steps to be taken.

Querist : Anonymous (Querist) 27 November 2019
May you please provide the link of WB govt HRA Rule where it is mentioned about eligibility of drawing full HRA by both spose?

P. Venu (Expert) 27 November 2019
You may search on the internet or could be sought under RTI

krishna mohan (Expert) 17 December 2019
HRA is inadmissible if you stay in quarters. Hence you are eligible for HRA if your service condition provides for HRA.

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