CISF Employee Without Government Housing Is Entitled To Full HRA: Delhi HC Orders 5% Arrears, With 6% Interest If Late

The petitioner, a CISF member, was posted at CISF units at IGI Airport and Samadhi Sthal, New Delhi, from 24 May 2022 and 9 July 2024, respectively.

She was not allotted Government accommodation during the relevant periods and had received HRA at 25%, but claimed the balance 5% required to provide full HRA.

She sought a writ directing payment of full HRA for those periods and thereafter

Rule 61 of the Central Industrial Security Force Rules, 2001 provides for accommodation for Force members and HRA in lieu of accommodation where it is unavailable.

In Inspector/Exe. Jaspal Singh Mann v. Union of India & Ors., 2008 SCC OnLine Del 649, the Delhi High Court held that HRA is a component of salary and a compensatory allowance, not a concession; where accommodation is unavailable or not allotted, HRA cannot be denied on grounds such as seniority or place of posting.

The Court also relied on subsequent Delhi High Court decisions applying that principle, including Shaikh Abdul Khalik, Brijesh Kumar, and Anand Kumar, and noted that Jaspal Singh Mann and Brijesh Kumar had been upheld by the Supreme Court.

The Court also referred to the Department of Expenditure’s Office Memorandum dated 7 July 2017 concerning HRA rates payable in lieu of Government accommodation.

The respondents did not dispute that the petitioner had not been allotted accommodation during the claimed periods or that only 25% HRA had been paid.

Applying Jaspal Singh Mann and the subsequent decisions, the Court held that the absence of accommodation entitled the petitioner to HRA in lieu thereof; any restriction tied to seniority or accommodation availability could not justify withholding the balance.

The Court therefore found the 5% reduction legally untenable.

The respondents were directed to release the balance HRA within three months.

If payment was not made within that period, the petitioner would be entitled to simple interest at 6% per annum until payment.

The writ petition was disposed of accordingly.