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HIGH COURT OF DELHI
Date of Decision: 17th March, 2023
SIYAD M..... Petitioner
Through: Mr. Zahid Mehmood, Advocate.
Through: Mr. Shrey Sharawat, Sr. Panel Counsel with Mr. Ankit Verma
Govt. Pleader for UOI with S.I.
Amit Kumar & S.I. Prahlad Devenda.
HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
JUDGMENT
1. Vide the present petition, the petitioner is seeking following reliefs: “a.) lssue a writ mandamus directing the respondent to grant full HRA w.e.f. 03.07.2021; b.) Pass a writ of Certiorari for quashing and set aside the office order dated 03.02.2023 vide which recovery of 5% of HRA allowance which had been paid to the petitioner for first six months of his tenure (qua petitioner only); c.) Issue a Writ of Certiorari for quashing and set aside the impugned order dated 17.01.2023of the respondents through which they rejected the plea of the petitioner for grant of full HRA 27% w.e.f01.01.2021 to till date as the same is illegal and ultra-virus to the constitution of India; d.) Pass a Writ of Mandamus directing the respondents to grant Full HRA to the petitioner whenever the respondents are unable to give family accommodation at the place of posting; e.) Direct the respondents to pay entire arrears of 5% along with 18% interest from the date it became due and payable or w.e.f. 03.07.2021 (if recovery made) otherwise from 01.01.2022; e.) To direct the respondents to pay cost of this litigation.”
2. Learned counsel on behalf of the petitioner submits that the issues raised in the present petition are no more res integra as this Court in Brijesh Kumar vs. Director General, Central Industrial Security Force W.P.(C) 4839/2019 decided on 18.12.2019 has granted similar reliefs and also in the following cases, the same reliefs have been granted:
(i) Ram Surat Singh vs. Director General CISF & Anr. W.P.(C)
(ii) Chandra Prakash Singh vs. Director General CISF & Anr.
(iii) Surender Pal Singh vs. Union of India Through Secretary
(ii) Mohammed Isham vs. Union of India And Ors. W.P.(C)
3. Accordingly, we hereby dispose of the present petition directing the respondents to treat the present petition as a representation and decide the same based on the lines of aforementioned cases within six weeks.
4. The decision, so taken, shall be communicated to the petitioner in writing within one week thereafter.
5. The present petition along with pending application is disposed of.
6. Needless to state that if the petitioner is still aggrieved by the decision of the respondents, he may challenge the same before the appropriate forum.
(SURESH KUMAR KAIT) JUDGE (NEENA BANSAL KRISHNA)
JUDGE MARCH 17, 2023 S.Sharma