Mool Chand Garg, J.

1. The petitioner was serving as Colonel in Indian Army. He was transferred to NCC Group Headquarters Rajasthan at Jaipur (a peace station), where he was also provided with family accommodation. Thereafter, he was transferred to NCC Headquarters Jorhat (Assam) (A non hard Military Station). He joined his duties there on 4.12.1999. It has been submitted that as per para 8 of Special Army Order (SAO) 10/S/86 the service officers posted to NCC Dtes/GPHQ/Units have to be treated as part of the local garrison and are entitled for allotment of Government accommodation along with other service officers posted in that station.

2. It is the case of the petitioner that after his posting to Jorhat(Assam), he applied for a separated family accommodation to the Army Headquarters at Delhi Cantonment. However no such accommodation was allotted. In fact a non-availability of accommodation certificate (NA) was also issued to him. Thereafter he hired a accommodation in Noida (within the vicinity of the Municipality of Delhi) and claimed HRA at Delhi rate for the period w.e.f 13.3.2000 to 23.10.2003 which according to him was payable as per the policy letter issued by the Central Government dated 12.11.97 and 19.5.2000, on account of his posting to Jorhat which is part of Assam (non-military hard station).

3. The relevant clause of the letter dated 12.11.1997 which talks about accommodation to be provided to the concerned officer like the petitioner is reproduced hereunder:

OFFICERS AND PERSONNEL BELOW OFFICER RANK ALREADY POSTED IN ASSAM AND TRIPURA:

i. Officers and personnel below officer rank posted in Assam and Tripura and residing with their families will be given an option to move their families to selected place of residence including any of the separate family station at Government expense. thereforee, such families will be regulated at the scale applicable for permanent transfer inclusive of transportation of personal effects transfer grant and backing allowances etc.

ii. Free single accommodation including furniture [if any], light and water.

iii. Retention of married accommodation by the family at previous duty station or selected place of residence [from the list of stations where provisions have been made for accommodation for separated families] at normal concessional charges for furniture, electricity and water if permitted by the stations commander or allotting authority.

.iv. Relief as per Government of India, Ministry of defense Letter No. 1(16/87/D [pay/ services] dated 18 Feb. 1998. v. For JCOs, NCOs Ors. and NCs (E)-Concessions other than TA/DA. Retention of family accommodation subject to restriction as laid down in AI 19/51 and AI/6/99 as amended from time to time for JCOs/OR.

4. On the strength of the aforesaid and other letters referred by the petitioner in his writ, he submits that since he was not provided with a separated family accommodation at Delhi after shifting from Jaipur, he became entitled to hire a house at a selected place of residence which he did by hiring a house at Noida in the vicinity of municipality of Delhi and thus claimed HRA at Delhi rate but the respondents have wrongfully refused the same. The petitioner in this regard has also relied upon the letter dated 29.9.99 issued by Government of India. The relevant extract of that letter is also been reproduced hereunder:

2.4 HRA to Armed Forces officers will be admissible under the following conditions:

b. HRA will be governed by the place of posting of the officer including non-military station. However in respect of officers posted to Ops./Field/areas/modified field areas, HRA may be allowed at the rates applicable at last duty station/separated Family station/selected place of Residence(SPR) provided the officer has not been allotted Separated Family (SF)) accommodation. HRA will cease to be drawn from the date from which an accommodation has been allotted for the family of the officer. HRA for the family at the rate app