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DELHI HIGH COURT
MANMOHAN, NAVIN CHAWLA
Surender Pal Singh – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. challenging reduced hra for cisf personnel. (Para 2) |
| 2. court directs granting full hra to petitioner. (Para 4 , 6) |
| 3. previous rulings support the petitioner's claims. (Para 5) |
JUDGMENT
Manmohan, J. (Oral)--The hearing has been done by way of video conferencing.
2. Present writ petition has been filed challenging the office order dated 31st August, 2017 issued by the Respondents for giving reduced HRA to CISF personnel. Petitioner also seeks directions to the Respondents to pay balance 5% HRA from July, 2017 to January, 2021 by following the orders passed by this court in W.P.(C) No.4839 of 2019 dated 18th December, 2019 as well as in W.P(C) 4148/2021 dated 5th April, 2021 and to pay entire arrears along with 18% interest from the date it became due and payable.
3. Issue notice.
4. Mr.Tyagi,learned counsel for the respondents accepts notice.
5. Admittedly, the issue raised in the present writ petition is no longer res integra as this Court in W.P.(C) 4839/2019 titled Brijesh Kumar vs. Director General, Central Industrial Security Force vide order dated 18th December, 2019 has granted similar reliefs. The said order is reproduced hereinbelow:
"1. The prayer
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.
Interpretation of Rule 61 of the CISF Rules, 2001 and the entitlement of employees to full House Rent Allowance based on previous court judgments.
Personnel are entitled to full house rent and transport allowances when family accommodations are not provided, ensuring equal treatment under employment rules.
The court upheld that a retired officer could not claim Housing Rent Allowance past the effective date of new policy applicable only to active officers, following prior withdrawals of legal remedies.
Point of Law – Petitioner is entitled qua said order for grant of HRA.
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