I am a central government employee. I availed study leave with sponsorships for two years for higher study (Postgraduation). During my study leave, I have get full salary with house rent allowance (HRA) of the city where I did my higher study. During my study, I have stay in hostel provided by the institute (central government autonomous deemed university). I am married and my family stays at my original posting station in rented accommodation. After three years of completion of my study my employer have intimated me that beyond 180 days of your study leave, HRA is not applicable because you have stay in govt. hostel and they said they will recover the paid extra hra from salary.
I have not claimed any allowance transfer allowance/Joining allowance or any other allowance which may be applicable. My employer reimburse only my tusion fee of study.
Questiin: My question is that, if I stay at government hostel and my family stay at rented accommodation of my posting station during my study leave then in this case HRA is applicable for me or not?
In a general submission that you availed two benefits of the HRA and another is study leave if both cannot be availed then you should leave one benefit which is lower. I hope this is a better way without going litigation.
In judicial pronouncement, you can be availed both benefits because one of the relations is your higher study and another is related to your family matter, both are necessary and cannot be split.
