Amar Prakash Maurya vs Union Of India And Ors
- Court
- Delhi High Court
$~107 to 125
* IN THE HIGH COURT OF DELHI AT NEW DELHI
th
% Date of Decision: 13 October, 2026
# CNR No. DLHC010490112026
+ W.P.(C) 15027/2026
AMAR PRAKASH MAURYA .....Petitioner
Through: Mr. P. Sureshan, Advocate.
versus
UNION OF INDIA AND ORS .....Respondents
Through: Mr. Satyam Pahal, SPC, Mr. Sarthak
Rana, GP with Ms. Manisha Mishra, Advocate
along with Mr. J.P. Singh, Asstt. Commandant and
Mr. Yashpal, Inspector.
108
# CNR No. DLHC010490542026
+ W.P.(C) 15039/2026
MUKESH CHAND MEENA .....Petitioner
Through: Mr. P. Sureshan, Advocate.
versus
UNION OF INDIA AND ORS .....Respondents
Through: Mr. Satyam Pahal, SPC, Mr. Sarthak
Rana, GP with Ms. Manisha Mishra, Advocate
along with Mr. J.P. Singh, Asstt. Commandant and
Mr. Yashpal, Inspector.
109
# CNR No. DLHC010490652026
+ W.P.(C) 15045/2026
SANDEEP KUMAR TIWARI .....Petitioner
Through: Mr. P. Sureshan, Advocate.
Signature Not Verified
Digitally Signed
By:KAMAL KUMAR
Signing Date:23.10.2026
17:56:23
W.P.(C) 15027/2026 and connected matters Page 1 of 11
versus
UNION OF INDIA AND ORS .....Respondents
Through: Mr. Satyam Pahal, SPC, Mr. Sarthak
Rana, GP with Ms. Manisha Mishra, Advocate
along with Mr. J.P. Singh, Asstt. Commandant and
Mr. Yashpal, Inspector.
110
# CNR No. DLHC010490842026
+ W.P.(C) 15052/2026
RAMESH KUMAR SINGH .....Petitioner
Through: Mr. P. Sureshan, Advocate.
versus
UNION OF INDIA AND ORS .....Respondents
Through: Mr. Satyam Pahal, SPC, Mr. Sarthak
Rana, GP with Ms. Manisha Mishra, Advocate
along with Mr. J.P. Singh, Asstt. Commandant and
Mr. Yashpal, Inspector.
111
# CNR No. DLHC010490862026
+ W.P.(C) 15054/2026
NAMRATA SINGH .....Petitioner
Through: Mr. P. Sureshan, Advocate.
versus
UNION OF INDIA AND ORS .....Respondents
Through: Mr. Satyam Pahal, SPC, Mr. Sarthak
Rana, GP with Ms. Manisha Mishra, Advocate
along with Mr. J.P. Singh, Asstt. Commandant and
Mr. Yashpal, Inspector.
Signature Not Verified
Digitally Signed
By:KAMAL KUMAR
Signing Date:23.10.2026
17:56:23
W.P.(C) 15027/2026 and connected matters Page 2 of 11
112
# CNR No. DLHC010490902026
+ W.P.(C) 15058/2026
ASHUTOSH KUMAR YADAV .....Petitioner
Through: Mr. P. Sureshan, Advocate.
versus
UNION OF INDIA AND ORS .....Respondents
Through: Mr. Satyam Pahal, SPC, Mr. Sarthak
Rana, GP with Ms. Manisha Mishra, Advocate
along with Mr. J.P. Singh, Asstt. Commandant and
Mr. Yashpal, Inspector.
113
# CNR No. DLHC010490932026
+ W.P.(C) 15061/2026
MUKESH KUMAR MEENA .....Petitioner
Through: Mr. P. Sureshan, Advocate.
versus
UNION OF INDIA AND ORS .....Respondents
Through: Mr. Satyam Pahal, SPC, Mr. Sarthak
Rana, GP with Ms. Manisha Mishra, Advocate
along with Mr. J.P. Singh, Asstt. Commandant and
Mr. Yashpal, Inspector.
114
# CNR No. DLHC010490982026
+ W.P.(C) 15066/2026
RAMESH KUMAR .....Petitioner
Through: Mr. P. Sureshan, Advocate.
versus
Signature Not Verified
Digitally Signed
By:KAMAL KUMAR
Signing Date:23.10.2026
17:56:23
W.P.(C) 15027/2026 and connected matters Page 3 of 11
UNION OF INDIA AND ORS .....Respondents
Through: Mr. Satyam Pahal, SPC, Mr. Sarthak
Rana, GP with Ms. Manisha Mishra, Advocate
along with Mr. J.P. Singh, Asstt. Commandant and
Mr. Yashpal, Inspector.
115
# CNR No. DLHC010490992026
+ W.P.(C) 15067/2026
RAVINDRA SHARMA .....Petitioner
Through: Mr. P. Sureshan, Advocate.
versus
UNION OF INDIA AND ORS .....Respondents
Through: Mr. Satyam Pahal, SPC, Mr. Sarthak
Rana, GP with Ms. Manisha Mishra, Advocate
along with Mr. J.P. Singh, Asstt. Commandant and
Mr. Yashpal, Inspector.
116
# CNR No. DLHC010491032026
+ W.P.(C) 15071/2026
BANWARI LAL .....Petitioner
Through: Mr. P. Sureshan, Advocate.
versus
UNION OF INDIA AND ORS .....Respondents
Through: Mr. Satyam Pahal, SPC, Mr. Sarthak
Rana, GP with Ms. Manisha Mishra, Advocate
along with Mr. J.P. Singh, Asstt. Commandant and
Mr. Yashpal, Inspector.
117
# CNR No. DLHC010492072026
+ W.P.(C) 15093/2026
Signature Not Verified
Digitally Signed
By:KAMAL KUMAR
Signing Date:23.10.2026
17:56:23
W.P.(C) 15027/2026 and connected matters Page 4 of 11
SATYA PRAKASH MISHRA .....Petitioner
Through: Mr. P. Sureshan, Advocate.
versus
UNION OF INDIA AND ORS .....Respondents
Through: Mr. Satyam Pahal, SPC, Mr. Sarthak
Rana, GP with Ms. Manisha Mishra, Advocate
along with Mr. J.P. Singh, Asstt. Commandant and
Mr. Yashpal, Inspector.
118
# CNR No. DLHC010492092026
+ W.P.(C) 15095/2026
VINOD KUMAR .....Petitioner
Through: Mr. P. Sureshan, Advocate.
versus
UNION OF INDIA AND ORS .....Respondents
Through: Mr. Satyam Pahal, SPC, Mr. Sarthak
Rana, GP with Ms. Manisha Mishra, Advocate
along with Mr. J.P. Singh, Asstt. Commandant and
Mr. Yashpal, Inspector.
119
# CNR No. DLHC010492182026
+ W.P.(C) 15100/2026
SHYORAJ GURJAR .....Petitioner
Through: Mr. P. Sureshan, Advocate.
versus
UNION OF INDIA AND ORS .....Respondents
Through: Mr. Satyam Pahal, SPC, Mr. Sarthak
Rana, GP with Ms. Manisha Mishra, Advocate
along with Mr. J.P. Singh, Asstt. Commandant and
Mr. Yashpal, Inspector.
Signature Not Verified
Digitally Signed
By:KAMAL KUMAR
Signing Date:23.10.2026
17:56:23
W.P.(C) 15027/2026 and connected matters Page 5 of 11
120
# CNR No. DLHC010493232026
+ W.P.(C) 15130/2026
SURINDER PAUL .....Petitioner
Through: Mr. P. Sureshan, Advocate.
versus
UNION OF INDIA AND ORS .....Respondent
Through: Mr. Satyam Pahal, SPC, Mr. Sarthak
Rana, GP with Ms. Manisha Mishra, Advocate
along with Mr. J.P. Singh, Asstt. Commandant and
Mr. Yashpal, Inspector.
121
# CNR No. DLHC010493412026
+ W.P.(C) 15139/2026
ANIL KUMAR .....Petitioner
Through: Mr. P. Sureshan, Advocate.
versus
UNION OF INDIA AND ORS .....Respondents
Through: Mr. Satyam Pahal, SPC, Mr. Sarthak
Rana, GP with Ms. Manisha Mishra, Advocate
along with Mr. J.P. Singh, Asstt. Commandant and
Mr. Yashpal, Inspector.
122
# CNR No. DLHC010493532026
+ W.P.(C) 15148/2026
DEV DUTT SHARMA .....Petitioner
Through: Mr. P. Sureshan, Advocate.
versus
Signature Not Verified
Digitally Signed
By:KAMAL KUMAR
Signing Date:23.10.2026
17:56:23
W.P.(C) 15027/2026 and connected matters Page 6 of 11
UNION OF INDIA AND ORS .....Respondents
Through: Mr. Satyam Pahal, SPC, Mr. Sarthak
Rana, GP with Ms. Manisha Mishra, Advocate
along with Mr. J.P. Singh, Asstt. Commandant and
Mr. Yashpal, Inspector.
123
# CNR No. DLHC010494512026
+ W.P.(C) 15196/2026
SANTOSH KUMAR BUNKAR .....Petitioner
Through: Mr. P. Sureshan, Advocate.
versus
UNION OF INDIA AND ORS .....Respondents
Through: Mr. Satyam Pahal, SPC, Mr. Sarthak
Rana, GP with Ms. Manisha Mishra, Advocate
along with Mr. J.P. Singh, Asstt. Commandant and
Mr. Yashpal, Inspector.
124
# CNR No. DLHC010494522026
+ W.P.(C) 15197/2026
TILK RAJ MEENA .....Petitioner
Through: Mr. P. Sureshan, Advocate.
versus
UNION OF INDIA AND ORS .....Respondents
Through: Mr. Satyam Pahal, SPC, Mr. Sarthak
Rana, GP with Ms. Manisha Mishra, Advocate
along with Mr. J.P. Singh, Asstt. Commandant and
Mr. Yashpal, Inspector.
125
# CNR No. DLHC010494532026
+ W.P.(C) 15198/2026
Signature Not Verified
Digitally Signed
By:KAMAL KUMAR
Signing Date:23.10.2026
17:56:23
W.P.(C) 15027/2026 and connected matters Page 7 of 11
VIVEK KUMAR .....Petitioner
Through: Mr. P. Sureshan, Advocate.
versus
UNION OF INDIA AND ORS .....Respondents
Through: Mr. Arun Kumar Tiwari, CGSC with
Mr. Kartik Aggrawal, GP along with Ms. KM
Pratima Devi, Ms. Priya Sharma, Mr. Gyan
Thakur and Mr. Vikram, Advocates along with
Deputy Commandant Sohail Rafat, CISF with
Asstt. Commandant J.P. Singh, CISF, Insp.
Yashpal, Insp. Sanjay and Sub Insp.
Satyanarayana Lenka.
CORAM:
HON'BLE MS. JUSTICE JYOTI SINGH
HON'BLE MR. JUSTICE GURVINDER PAL SINGH
JUDGEMENT
JYOTI SINGH, J. (ORAL)
CM APPL. 70615/2026 (Exemption) in W.P.(C) 15061/2026
CM APPL. 70853/2026 (Exemption) in W.P.(C) 15093/2026
CM APPL. 70856/2026 (Exemption) in W.P.(C) 15095/2026
CM APPL. 70862/2026 (Exemption) in W.P.(C) 15100/2026
CM APPL. 71122/2026 (Exemption) in W.P.(C) 15130/2026
CM APPL. 71146/2026 (Exemption) in W.P.(C) 15139/2026
CM APPL. 71162/2026 (Exemption) in W.P.(C) 15148/2026
CM APPL. 71292/2026 (Exemption) in W.P.(C) 15196/2026
CM APPL. 71293/2026 (Exemption) in W.P.(C) 15197/2026
CM APPL. 71294/2026 (Exemption) in W.P.(C) 15198/2026
1. Allowed, subject to all just exceptions.
2. Applications stand disposed of.
W.P.(C) 15027/2026, W.P.(C) 15039/2026, W.P.(C) 15045/2026,
W.P.(C) 15052/2026, W.P.(C) 15054/2026, W.P.(C) 15058/2026,
Signature Not Verified
Digitally Signed
By:KAMAL KUMAR
Signing Date:23.10.2026
17:56:23
W.P.(C) 15027/2026 and connected matters Page 8 of 11
W.P.(C) 15061/2026, W.P.(C) 15066/2026, W.P.(C) 15067/2026,
W.P.(C) 15071/2026, W.P.(C) 15093/2026, W.P.(C) 15095/2026,
W.P.(C) 15100/2026, W.P.(C) 15130/2026, W.P.(C) 15139/2026,
W.P.(C) 15148/2026, W.P.(C) 15196/2026, W.P.(C) 15197/2026 and
W.P.(C) 15198/2026
3. These batch of petitions have been filed by the Petitioners seeking 5%
balance HRA for periods during which they were not provided the facility of
accommodation by the Respondents. Since identical issue is involved in all
these petitions, they are being decided together by this common order.
4. Petitioners are serving in Central Industrial Security Force (CISF) and
have been posted in different cities from time to time. The genesis of these
writ petitions lies in denial of full 30% HRA to the Petitioners despite the
fact that in the relevant periods, which are subject matters of these petitions,
they were not provided accommodations by the Respondents. Petitioners
assert that they are entitled to full 30% HRA and cannot be deprived of the
same in light of the judgment of the Division Bench of this Court in
Inspector/Exe. Jaspal Singh Mann v. Union of India & Ors, 2008 SCC
OnLine Del 649 as also subsequent judgments following the said judgment.
Having been reimbursed only 25% HRA, Petitioners are compelled to file
these petitions for payment of 5% balance HRA.
5. Learned counsels for the Respondents albeit rely on Rule 61 of
Central Industrial Security Force Rules, 2001 (2001 Rules) to defend non-
payment of full HRA but are unable to deny that the issue of grant of full
HRA in lieu of accommodation is no longer res integra.
6. Having heard counsels for the parties and on perusal of the judgment
in Jaspal Singh Mann (supra), we are of the considered view that cases of
the Petitioners are covered by the said judgment, where the Court has in no
Signature Not Verified
Digitally Signed
By:KAMAL KUMAR
Signing Date:23.10.2026
17:56:23
W.P.(C) 15027/2026 and connected matters Page 9 of 11
uncertain terms held that where accommodation is not allotted to the
member of the Force, full HRA in lieu thereof must follow and this is the
only manner in which Rule 61 must be read. This position of law has been
consistently upheld by this Court in subsequent judgments in Shaikh Abdul
Khalik and Another v. Director General and Others, 2019 SCC OnLine
Del 7525; Brijesh Kumar v. Director General, Central Industrial Security
Force & Ors, in W.P.(C) 4839/2019, decided on 18.12.2019 ; and Anand
Kumar v. Union of India and Ors., in W.P.(C) 6720/2016, decided on
30.08.2017, wherein Respondents have been directed to reimburse the
balance HRA for the periods during which accommodations were not
provided. The judgment in Jaspal Singh Mann (supra) has been upheld by
the Supreme Court in Civil Appeal No. 1132/2009 and judgment in Brijesh
Kumar (supra) was upheld in Union of India and Ors. v. Paramisivan M.,
Civil Appeal No. 4967/2023 along with connected matters. Review petition
filed in Paramisivan M. (supra) was also dismissed. In fact, Department of
Expenditure, Ministry of Finance, Government of India has issued Office
Memorandum (OM) dated 07.07.2017 fixing percentages of HRA payable to
Government Servants in lieu of Government accommodation. Recently,
Division Bench has allowed a batch of 110 petitions by common order in
W.P.(C) 8154/2024 titled Ashish Sharma v. Union of India and Ors.,
decided on 21.05.2026 , holding Petitioners entitled to grant of full HRA and
consequently, directing reimbursement of balance 5%.
7. In view of the aforesaid, present writ petitions are allowed in terms of
the judgment passed in Jaspal Singh Mann (supra) and Respondents are
directed to release the amounts payable to the Petitioners towards balance
HRA, as claimed in the present petitions. The needful shall be done within
Signature Not Verified
Digitally Signed
By:KAMAL KUMAR
Signing Date:23.10.2026
17:56:23
W.P.(C) 15027/2026 and connected matters Page 10 of 11
three months from today, failing which the amounts shall carry interest at
the rate of 6% p.a. till the actual date of payment.
8. Writ petitions are disposed of in the aforesaid terms.
JYOTI SINGH, J
GURVINDER PAL SINGH, J
OCTOBER 13, 2026/HS
Signature Not Verified
Digitally Signed
By:KAMAL KUMAR
Signing Date:23.10.2026
17:56:23
W.P.(C) 15027/2026 and connected matters Page 11 of 11