The central legal point established in the judgment is the interpretation and application of the CRPF Family Accommodation Rules, circulars, and general guidelines in determining the entitlement of CRPF personnel to retain family accommodations based on their postings.

PRADEEP NANDRAJOG, J.

1. Since a common question of law, which as a matter of fact has already been decided in favour of the petitioners and against the respondents, and its application comes up for consideration in the three above captioned writ petitions, all of them are being disposed of by a common order. All the petitioners are members of the Central Reserved Police Force.

2. Petitioner N.M. Marenmai was allotted accommodation in Jyoti Kunj Complex Dwarka belonging to CRPF, but maintained for administrative reasons a separate residential complex and not merged with its general pool accommodation available in Delhi. The allotment was made to him in his capacity as an Assistant Commandant because he was posted with the 117th Bn. at Srinagar and no residential accommodation was provided to him there. The policy of CRPF is that its officers posted in the State of Jammu and Kashmir, North Eastern States and left wing extremist areas can either retain the accommodation allotted to them at family stations or are allotted accommodation for residents of their family if none is allotted when they are posted in these areas. Serving with the 117th Bn. at Srinagar till January, 2012 N.M. Marenmai was posted to the 199th Bn. Bijapur Chattisgarh, a left wing extremist area where he continues to serve. He has been served with an eviction notice dated April 15, 2015 and an order imposing penal rent on June 09, 2015. He was allotted a residential accommodation in Jyoti Kunj Complex when he was posted with the 117th Bn. stationed at Srinagar and as noted above currently he is serving with the 199th Bn. in Bijapur Chattisgarh. Petitioner Chaman Lal is an Assistant Commandant and on February 09, 2009, while posted with the 163rd Bn. stationed in Jammu and Kashmir was allotted a family accommodation in Jyoti Kunj Complex. In June, 2010 he was posted with the 163rd Bn. stationed at Bantala Jammu and in July, 2013 he was posted with the 96th Bn. stationed at Anantnag in the State of Jammu and Kashmir where he continues to serve till date. He has been issued an eviction notice on June 09, 2015 and vide order dated August 10, 2015 has been imposed penal rent. Mahesh Kumar Meena is an Assistant Commandant and a residential accommodation was allotted to him in Jyoti Kunj Complex on January 21, 2009 when he was posted in Manipur. Posted subsequently with the 27th Bn. having its group centre in Imphal he was deputed for duties in Delhi where he continues to work till date. He has been served with an eviction order on April 15, 2015 and on June 09, 2015 has been served with an order charging penal rent.

3. It is not in dispute that family accommodation is provided to force personnel for CRPF as per the CRPF Family Accommodation Rules, 2008. Under the Rules, vide Rule 25, family accommodation is allotted for a period of five years. Regarding allotment being made for five years it is apparent that the inherent understanding would be that the force personnel would be kept at the place of posting for five years and upon transfer to another place would be provided with a residential accommodation and if none was available would be paid HRA.

4. There was some problem in understanding the Rules and thus a circular was issued on April 28, 2009 clarifying that personnel posting in the North Eastern region, State of Jammu and Kashmir and left wing extremist areas would be allowed to retain the family accommodation till their posting lasts in said areas. Meaning thereby, as per the Family Accommodation Rules read with the policy guidelines a force personnel in the State of Jammu & Kashmir, North Eastern region or left wing extremist areas was entitled to retain the family accommodation at a peace station. On December 30, 2013 general guidelines were issue concerning family accommodation related to CRPF persons and para 7 thereof makes it once again clear that force personnel in the State of Jammu & Kashmir, North Eastern region or left wing extremist ar