The court ruled that the entitlement to additional HRA is based on the date of joining at the new posting, not on the timing of vacating quarters.

JUDGMENT :

S. DATTA PURKAYASTHA, J.

1. Heard Mrs. Sujata Deb (Gupta), learned counsel appearing for the petitioner. Also heard Mr. B. Majumder, learned Dy. SGI appearing for the respondents.

2. The admitted facts involved in this case are that the petitioner was originally posted at 84 Bn BSF, Seema Nagar, South Bengal. He was relieved from the said Battalion vide movement order dated 20.06.2021 on his transfer to Tripura and he joined at Headquarters Tripura Frontier BSF, Salbagan on 02.07.2021. While posted in 84 Bn BSF at Seema Nagar, South Bengal, the petitioner was allotted Government Type-III quarter at Seema Nagar by the authority of 84 Bn BSF from 11.07.2018 till he vacated the same on 19.06.2021 and on vacation of his Government quarter, he shifted his family to his own house at New Delhi.

3. Thereafter, on 31.08.2021, the petitioner submitted one application for grant of additional HRA (Annexure 6) for shifting his family from last place of posting to New Delhi on his transfer to non-family locations like North-Eastern region. Petitioner claimed additional HRA on the basis of Office Memorandum dated 22.01.2019 issued by the Under Secretary to the Govt. of India, Ministry of Home Affairs, New Delhi (Annexure 5). Said petition was turned down by the Commandant (Coord) vide communication dated 08.09.2022 (Annexure 7) issued from the office of Directorate General of Border Security Force and was communicated to the Frontier Headquarter, Border Security Force, Tripura. Then again, he submitted another application on 14.10.2022 to the Inspector General, Ftr HQ BSF, Tripura vide Annexure-9 claiming such grant of additional HRA w.e.f. 02.07.2021 and again the same was rejected by the Department vide communication dated 09.10.2023 (Annexure 11).

4. The sole ground for such rejection was that before relinquishing his charge at 84 Bn BSF of Seema Nagar, South Bengal on 20.06.2021, he vacated the quarters one day prior to the same i.e. on 19.06.2021. Said fact was also communicated by another communication dated 18.09.2024 (Annexure 13) issued from the Directorate General Border Security Force, Ministry of Home Affairs to H.Q., Special DG, BSF (Eastern Command).

5. In view of the above said facts, the sole question emerges for decision in this writ petition is whether the petitioner is entitled to additional HRA in terms of Memorandum dated 22.01.2019 (Annexure 5) in the event he had vacated the quarter before he relinquished his charge in the previous station.

6. Mrs. S. Deb (Gupta), learned counsel, strenuously argues that in Memorandum dated 22.01.2019, there is no such condition that quarters should be vacated after relinquishing the charge of the previous station for entitlement to additional HRA and therefore, the plea as raised by the respondents is not tenable even in terms of said Memorandum dated 22.01.2019 itself. Mrs. Deb (Gupta), learned counsel also refers to a movement order dated 19.06.2021 (Annexure-2) whereby the petitioner was directed to depart on 20.06.2021 (afternoon) and submits that for compliance or the direction as given in said movement order, the quarters was vacated on 19.06.2021 itself.

7. Mr. B. Majumder, learned Dy. SGI, however, contends that before the petitioner was released from his previous station, he voluntarily vacated the quarters at Seema Nagar and therefore, in no way, he is entitled to get any additional HRA in terms of the said Memorandum dated 22.01.2019. Mr. Majumder, learned Dy. SGI also argues that during hearing of this writ petition on 01.08.2024, the matter was under consideration before the Headquarters of BSF upon the recommendation of Kolkata Zonal Office and the Court accordingly asked the respondents to bring the decision on the petitioner’s request for such HRA on record. Thereafter, on 26.09.2024, it was submitted by Mr. Majumder, learned Dy. SGI, under instruction from his client that a written instruction was received from the Deputy Commandant (Law), HQ Tra Ftr, BSF that the