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DELHI HIGH COURT
SURESH KUMAR KAIT, SAURABH BANERJEE
Gorakh Singh – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. petitioner's request for hra (Para 3) |
| 2. history of prior petition and its withdrawal (Para 4 , 6) |
| 3. arguments regarding grant of hra post-retirement (Para 7 , 8) |
| 4. court's considerations on the legal standing (Para 9) |
| 5. dismissal of the petition (Para 10) |
CM APPL. 25416/2022 (exemption)
1. Allowed, subject to just exceptions.
2. The application is accordingly disposed of.
W.P.(C) 8438/2022
3. By way of present petition, petitioner prays as under:
a. To direct the respondents for grant of HRA to the petitioner w.e.f. 28.09.2016 till 30.09.2020 (excluding the period of 27.03.2017 to 03.05.2017) at the rates of respective place of posting applicable to commandant level officers, alongwith interest @ 12 % PA;
b. To direct respondents for grant of HRA to the Petitioner w.e.f. 28.09.2016 till 30.09.2020 (excluding the period of 27.03.2017 to 03.05.2017) at the rates of respective place of posting applicable to Personnel below Officers Ranks alongwith interest @ 12 % PA;
c. To quash the impugned order dated 02.01.2021 to the effect it rejects prayer of petitioner for grant of HRA at the rates of respective place of posting applicable to the commanda
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.
Granting full house rent allowance is mandated based on established legal precedents, ensuring entitlement is maintained despite pending appeals or administrative reductions.
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.
Personnel are entitled to full house rent and transport allowances when family accommodations are not provided, ensuring equal treatment under employment rules.
Interpretation of Rule 61 of the CISF Rules, 2001 and the entitlement of employees to full House Rent Allowance based on previous court judgments.
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