Delhi High CourtEmployment and Labour LawAdministrative and Public Law

CISF Member Gets 5% HRA Arrears For IGI Airport Posting As Delhi HC Says Full HRA Is Due When Government Housing Is Unavailable

Gurvinder Singhv.Union Of India And Ors

CISF Member Gets 5% HRA Arrears For IGI Airport Posting As Delhi HC Says Full HRA Is Due When Government Housing Is Unavailable. Gurvinder Singh vs Union Of India  And Ors. Delhi High Court. LawLens
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In brief

The question

Whether a CISF member who was not provided Government accommodation is entitled to full HRA, without a 5% reduction, for the period in question.

The court held

The Court held that the petitioner was entitled to full HRA for 13 June 2022 to 12 December 2024.

It also directed

The Court directed the respondents to pay the balance within three months. If payment is delayed beyond that period, the petitioner is entitled to simple interest at 6% per annum until payment.

The writ petition was disposed of accordingly.

01Facts

The petitioner, a CISF member posted at CISF Unit, IGI Airport, New Delhi, was not provided Government accommodation from 13 June 2022 to 12 December 2024.

pp. 1–3, 9 · ¶ 3, 6–7

He received 25% HRA and sought the unpaid balance of 5%, claiming entitlement to full HRA in lieu of accommodation.

pp. 1–3, 9 · ¶ 3, 6–7

He relied on Inspector/Exe. Jaspal Singh Mann v. Union of India, which interpreted Rule 61 of the Central Industrial Security Force Rules, 2001, and subsequent decisions applying that interpretation.

pp. 2–3, 10 · ¶ 4–5, 10

02Issues

i.Whether a CISF member who was not provided Government accommodation is entitled to full HRA, without a 5% reduction, for the period in question.

pp. 3–4, 9 · ¶ 7, 11

ii.Whether the respondents should be directed to pay the balance HRA, and within what time and on what terms.

p. 9 · ¶ 11

03Law Applied

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

pp. 4–7 · ¶ 8–9

In Jaspal Singh Mann v. Union of India, 2008 SCC OnLine Del 649, the Delhi High Court read Rule 61 to mean that although accommodation may be allotted according to prescribed percentages and seniority, a member who is not provided accommodation cannot thereby be denied HRA; HRA is a compensatory component of service conditions, not a concession.

pp. 4–7 · ¶ 8–9

The judgment notes that this interpretation was upheld by the Supreme Court and applied in subsequent decisions, including Shaikh Abdul Khalik, Brijesh Kumar, and Anand Kumar.

pp. 8–9 · ¶ 10

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

p. 8 · ¶ 10

04Reasoning

The respondents did not dispute that the petitioner received no Government accommodation during the relevant period or that only 25% HRA had been paid.

p. 3 · ¶ 6

Applying Jaspal Singh Mann and the subsequent decisions, the Court held that lack of accommodation does not justify withholding part of the HRA otherwise payable.

pp. 3, 8–9 · ¶ 7, 10–11

Since the petitioner was not allotted accommodation, the 5% reduction was inconsistent with the governing interpretation of Rule 61.

pp. 3, 8–9 · ¶ 7, 10–11

05Holding

The Court held that the petitioner was entitled to full HRA for 13 June 2022 to 12 December 2024.

p. 9 · ¶ 11

The Court directed the respondents to pay the balance within three months. If payment is delayed beyond that period, the petitioner is entitled to simple interest at 6% per annum until payment.

p. 9 · ¶ 11–12

The writ petition was disposed of accordingly.

p. 9 · ¶ 11–12
Delhi High Court

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Gurvinder SinghvsUnion Of India And Ors

Delhi High Court · November 06, 2026

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