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HIGH COURT OF DELHI
Date of Decision: 06th January, 2022
MOHAMMED ISHAM ..... Petitioner
Through Mr.Nikhil Bhardwaj, Advocate.
Through Mr.Shankar Kumar Jha, SPC for UOI.
HON'BLE MR. JUSTICE NAVIN CHAWLA MANMOHAN, J. (Oral)
Present matter has been heard by way of video conferencing.
JUDGMENT
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. C.M.No.663/2022
2. Consequently, the prayer for additional time to file the counteraffidavit is declined.
3. Accordingly, the application is dismissed. 2022:DHC:79-DB
1. It is pertinent to mention that the present writ petition has been filed challenging the order dated 26 W.P.(C) No.13442/2021 th October 2017 vide which request of Petitioner for grant of HRA/allotment of family accommodation was declined. Petitioner also seeks directions to the Respondents to grant full House Rent Allowance [HRA] to the Petitioner @24% of Basic Pay w.e.f. 30th May 2016 till 30th June 2017 and HRA @ 5% of Basic Pay for the period w.e.f. 01st July 2017 to 30th
2. Learned counsel for the Petitioner states that the Petitioner was not given any HRA from 30 April 2018. Petitioner seeks entire arrears of HRA along with 18% interest from the date it become due and payable. th May 2016 to 30th June 2017 and was given a reduced HRA @ 19% of Basic Pay w.e.f. 01st April 2018 by the Respondents. He points out that w.e.f. 01st
3. He states that the issue is no more res-integra as this Court vide numerous judgments has granted full HRA @ 24% of basic pay to similarly situated persons. He states that the case of the Petitioner is squarely covered by the judgment dated 23 May 2018, full HRA @ 24% of the basic pay was rightly paid to the Petitioner. rd
4. He relies on the judgment dated 30 May 2008 of the Division Bench of this Court in Inspector (Ex.) Jaspal Singh Mann vs. Union of India & Ors., 2009 ILR 1 Delhi 165 which has been followed by this Court in several other writ petitions. th August, 2017 passed in W.P. (C) 6720/ 2016 titled Anand Kumar v. Union of India, whereby this Court relied on the judgment in the case of Inspector (Ex.) Jaspal Singh Mann (supra) and granted the HRA even when outliving permission had been rejected by the respondent department. Therefore, he states that the stand of the respondent department that neither Petitioner sought nor he was granted the outliving permission and thus cannot be granted HRA is wrong, erroneous and bad in law.
5. He submits that Sub-rule 2 of Rule 61 of the CISF Rules, 2001 is unambiguous inasmuch as, it says that those who cannot be provided with free accommodation shall be provided HRA in lieu thereof.
6. He states that since the respondents were unable to provide family accommodation to the Petitioner when he was posted at IPGCL, he had no choice but to hire family accommodation at his own expense and stay outside the unit with his family.
7. Having heard learned counsel for the parties, this Court is of the view that the issue of grant of the additional HRA @ 5% has been decided by this Court by way of its judgment dated 08th
1. The hearing has been done by way of video conferencing. September 2021 passed in W.P.(C) No.9853/2021 titled Surender Pal Singh (supra). The said order is reproduced hereinbelow:-
2. Present writ petition has been filed challenging the office order dated 31st August, 2017 issued by the Respondents for giving reduced HRA to CISF personnel. Petitioner also seeks directions to the Respondents to pay balance 5% HRA from July, 2017 to January, 2021 by following the orders passed by this court in W.P.(C) No. 4839 of 2019 dated 18th December, 2019 as well as in W.P(C) 4148/2021 dated 5th
3. Issue notice. April, 2021 and to pay entire arrears along with 18% interest from the date it became due and payable.
4. Mr. Tyagi, learned counsel for the respondents accepts notice.
5. Admittedly, the issue raised in the present writ petition is no longer res integra as this Court in W.P.(C) 4839/2019 titled Brijesh Kumar vs. Director General, Central Industrial Security Force vide order dated 18th
iii. Decision dated 13th November, 2018 in W.P (C) NO. 6085/2017 (Arvind Kumar Jatav v. Union of India). iv. Judgment dated 26.02.2019 in W.P (C) NO. 11415/2017 (Sahik Abdul Khalik v. Director of General)
3. Learned counsel for the Respondents states that SLPs have been filed in the Supreme Court against the decisions at (ii) to (iv) above and are pending there. He however does not dispute that there is no stay granted in any of the said SLPs.
4. Since the relief sought by the Petitioners are fully covered the aforesaid decisions of this Court, this Court allows the writ petition and directs the respondent to grant petitioner full house rent allowance (HRA) from 5th April, 2017 to 13th June, 2019, i.e. @ 24% of basic pay, 5% HRA from 1st July, 2017 to 15th September, 2017 and 5% HRA along with transport allowance from 15th September, 2017 till date.
5. The above amount shall be paid within 12 weeks. Future payment of HRA will continue be made as long as the Petitioners are entitled thereto. 6. The petition along with pending application are disposed of in the above terms.”
6. Though, the Special Leave Petition is pending consideration before the Apex Court, yet there is no stay. Accordingly, this Court disposes of the present writ petition in accordance with the judgment and order dated 18th February, 2019 in W.P.(C) 4839/2019 and directs the respondents to pay the balance 5% HRA to the petitioners from February, 2017 to January, 2021 within twelve weeks. With the aforesaid direction, the present writ petition alongwith pending applications stands disposed of.
8. Accordingly, this Court disposes of the present writ petition in accordance with the judgment and order dated 8th September, 2021 in W.P.(C) 9853/2021 and directs the Respondents to pay full house rent allowance to the Petitioner @ 24% of basic pay w.e.f. 30th May 2016 till 30th June 2017 and HRA @ 5% of Basic Pay for the period w.e.f. 01st
9. With the aforesaid direction, the present writ petition stands disposed of. April, 2018 within twelve weeks. MANMOHAN, J NAVIN CHAWLA, J JANUARY 06, 2021 KA