CISF Member Not Allotted Government Housing Gets Full HRA For 33 Months As Delhi HC Orders 5% Balance Paid

The petitioner, a CISF member posted at Bangalore Airport and IGI Airport, New Delhi, sought the unpaid balance of HRA for June 2019 to February 2020 and July 2024 to June 2026.

He alleged that no Government accommodation was provided during those periods and that the respondents paid only 25% HRA, withholding 5% of the 30% claimed. The respondents did not dispute the absence of accommodation or the payment of only 25% HRA.

Rule 61 of the Central Industrial Security Force Rules, 2001 provides for accommodation to members of the Force and HRA in lieu of accommodation where that facility 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; a member who is not allotted accommodation because of its unavailability or the allocation criteria cannot thereby be denied HRA.

Rule 61 must be read to avoid an interpretation that makes entitlement depend arbitrarily on the member’s posting or seniority and renders the rule discriminatory under Article 14. The Court also relied on subsequent decisions applying that principle, including Shaikh Abdul Khalik, Brijesh Kumar, and Anand Kumar, and referred to the Department of Expenditure’s Office Memorandum dated 7 July 2017 concerning HRA payable in lieu of Government accommodation.

The petitioner’s entitlement was governed by the principle that where accommodation is not provided, HRA follows in lieu of it. The respondents admitted both that no accommodation had been provided and that only 25% HRA had been paid.

Applying Jaspal Singh Mann and the subsequent decisions, the Court held that the petitioner’s entitlement could not be reduced because accommodation was unavailable or because of the basis on which it was allotted. The 5% reduction was therefore untenable.

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.