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DELHI HIGH COURT
MANMOHAN, NAVIN CHAWLA
Mohammed Isham – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. final disposition and directives for payment. (Para 1 , 2 , 3 , 12) |
| 2. challenge to hra denial and claim for arrears. (Para 4) |
| 3. arguments for entitlement to full hra under rules. (Para 5 , 6 , 7 , 8 , 9) |
| 4. court's reasoning based on prior judgments. (Para 10 , 11) |
JUDGMENT
Manmohan, J. (Oral)
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
4. 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. Petitio
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.
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.
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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