CISF Member Without Government Housing At IGI Airport To Get Full HRA For 2024–26, Delhi HC Orders 5% Arrears

The petitioner, a CISF member posted at CISF Unit, IGI Airport, New Delhi, was not provided Government accommodation from 16 July 2024 to 17 October 2026.

He received 25% HRA and sought the remaining 5%, contending that he was entitled to full HRA in lieu of accommodation. He also sought full HRA for future postings.

The respondents did not dispute that accommodation had not been provided during the relevant period or that only 25% HRA had been paid.

Rule 61(1)–(3) of the Central Industrial Security Force Rules, 2001, governs the provision of accommodation and HRA in lieu thereof.

As interpreted in Inspector/Exe. Jaspal Singh Mann v. Union of India & Ors., 2008 SCC OnLine Del 649, accommodation-allotment percentages may determine who receives available accommodation, but a member who is not allotted accommodation cannot, for that reason, be denied HRA in lieu; HRA is a component of service remuneration, not a concession.

A contrary interpretation would be discriminatory and inconsistent with Article 14 of the Constitution.

The Court also relied on subsequent Delhi High Court decisions and noted that Jaspal Singh Mann and Brijesh Kumar had been upheld by the Supreme Court.

The petitioner had received no Government accommodation during the claimed period, and the respondents did not dispute either that fact or the payment of only 25% HRA.

Applying Jaspal Singh Mann and subsequent decisions, the Court held that accommodation-allotment rules or percentages could not justify withholding part of the HRA where accommodation was unavailable.

The petitioner’s case was therefore covered by the established rule that full HRA is payable in lieu of accommodation.

It directed the respondents to pay the balance HRA within three months; if payment was delayed beyond that period, simple interest at 6% per annum would be payable until actual payment.

The writ petition was disposed of accordingly.