House Rent Allowance cannot be retrospectively recovered without due process and the right to fair hearing must be upheld.

O R D E R

(Delivered by Hon’ble Mr. Rajinder S Dogra, Member-J)

1. The present TAs has been filed by the applicants before Hon’ble High Court as SWP 477/2012, SWP 506/2012, SWP 186/2013, SWP 334/2012m SWP 795/2012, SWP 442/2012 and SWP 484/2012 against Communication No:Bldgs/Move- Quarters/2126-27 dated 21st January, 2012 and Communication No:U.O. APHQ/Prov-97/2012/4147-77 dated 30th January, 2012 . Thereafter, in terms of Section 29 of the CAT Act, this petition was transferred and registered as TA No. 6627 of 2021, TA No 6659 of 2021, TA No 6649 of 2021, TA No 6588 of 2021, TA No 6608 of 2021, TA No 6629 of 2021 and TA No 6626 of 2021.Being of similar nature, all the TAs have been taken together.

2. Brief of the case in nutshell taken by learned Counsel for the applicant reiterated in all TAs that applicants are serving in J&K Police in different Wings of the Police. The applicants migrated from Kashmir valley in the year 1990 like other similarly situated members of the minority community, shifted their families to safer places at Jammu in view of the security threat to their families. The government provided accommodation to the police officials and asked them to shift their families to safer places so that applicants can perform their duties to the entire satisfaction of their superior officials as all of them were posted in militancy affected areas in Kashmir valley. In the year 1990 different residential Blocks were built at Police Housing Colonies, Gulshan Ground Gandhi Nagar, Jammu and Channi Himmat, Jammu for police personnel serving in the J&K Police. However, before the aforesaid quarters could be fully furnished, many of them were occupied by the migrants who had migrated from Valley and other far-flung areas of the State because of the militancy. Keeping the quarters vacant was considered as a security threat and as such, applicants were permitted to occupy the same to protect the property despite the fact that the same were unfurnished and not in a habitable condition. Some of the applicants are residing in these accommodations for the last about 17 years and have spent huge amount from their own pocket to make it habitable to some extent. Even the basic amenities are not provided to the said accommodation and the applicants had to incur expenditure for the same from out of their own pockets. Now respondents by way of communications impugned directed the vacation of the said accommodations from the applicants and unilaterally without giving any notice to the applicants have taken a decision to recover the HRA already received by the applicants, from their salary.

3. It is further submitted that the government issued policy and also issued orders from time to time whereby it has been made clear that such police officials who are posted in inilitant affected areas, shall be entitled to receive the HRA in addition to the accommodation at different places. It is because of this policy and the government orders; applicants were permitted to receive the HRA in addition to free accommodation in unfinished buildings.

4. It is also stated that applicants have been provided accommodation by the respondent in unfinished buildings like other similarly situated members of the other community shifted their family members to safer place at Jammu in view of the security threat to their families. Government provided accommodation to the police officials and asked them to shift their families to safer places so that applicants can perform their duties to the entire satisfaction of their superior officials. The respondent No. 1 has issued communications whereby the concerned DDO's have been directed to d