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MANMOHAN, NAVIN CHAWLA
Mohammed Isham – Appellant
Versus
Union Of India – Respondent
JUDGMENT
Manmohan, J. - Present matter has been heard by way of video conferencing.
C.M.No.663/2022
1. Present application has been filed for enlargement of time for filing of counter-affidavit on behalf of the respondents. Even on the last date of hearing, this Court was not inclined to grant time to the respondents to file a counter-affidavit, as the matter was squarely covered by a decision of this Court in Surender Pal Singh vs. Union of India through Secretary, Ministry of Home & Ors; W.P.(C) No.9853/2021.
2. Consequently, the prayer for additional time to file the counter-affidavit is declined.
3. accordingly, the application is dismissed.
W.P.(C) No.13442/2021
1. It is pertinent to mention that the present writ petition has been filed challenging the order dated 26th October 2017 vide which request of Petitioner for grant of HRa/allotment of family accommodation was declined. Petitioner also seeks directions to the Respondents to grant full House Rent allowance [HRa] to the Petitioner @24% of Basic Pay w.e.f. 30th May 2016 till 30th June 2017 and HRa @ 5% of Basic Pay for the period w.e.f. 01st July 2017 to 30th april 2018. Petitioner seeks entire arrears of HRa along with 18% int
Interpretation of Rule 61 of the CISF Rules, 2001 and the entitlement of employees to full House Rent Allowance based on previous court judgments.
The court ruled that under CISF Rules, when accommodation is unavailable, full HRA must be granted, and existing judgments support the petitioner's claim for arrears and interest.
Granting full house rent allowance is mandated based on established legal precedents, ensuring entitlement is maintained despite pending appeals or administrative reductions.
Personnel are entitled to full house rent and transport allowances when family accommodations are not provided, ensuring equal treatment under employment rules.
HRA ceases upon government accommodation offer, regardless of refusal or prior house construction; no indefeasible right exists.
House Rent Allowance is contingent upon the acceptance of government accommodation; failure to occupy within 15 days results in forfeiture of HRA.
The main legal point established in the judgment is that accommodation provided by a Central Government autonomous body, such as IGNOU, qualifies as 'Government Accommodation' under Rule 5(c)(iii) of....
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