Delhi High CourtEmployment and Labour LawAdministrative and Public Law

CISF Officer Not Allotted Government Housing Gets Full HRA as Delhi HC Rejects 5% Cut

Si/Exe Sombir Singhv.Union Of India & Anr.

CISF Officer Not Allotted Government Housing Gets Full HRA as Delhi HC Rejects 5% Cut. Si/Exe Sombir Singh vs Union Of India & Anr.. Delhi High Court. LawLens
The LawLens card for this judgmentXLinkedInWhatsApp

In brief

The question

1. Whether a CISF member who was not provided Government accommodation is entitled to full HRA, notwithstanding any limitation based on the percentage or availability of accommodation.

The court held

The Court held that the petitioner was entitled to full HRA for 1 July 2020 to 1 May 2022 and from 1 June 2025 onwards.

It also directed

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 accrue until payment.

The writ petition was disposed of accordingly.

01Facts

The petitioner, a CISF member, was posted at CISF Units at DMRC, New Delhi, from 1 July 2020 to 1 May 2022, and at IGI Airport, New Delhi, from 1 June 2025 onwards.

pp. 2–4 · ¶ 4–8

He was not allotted Government accommodation during these periods but received only 25% HRA; he sought the remaining 5% to bring his HRA to the full 30% claimed.

pp. 2–4 · ¶ 4–8

The respondents did not dispute the absence of accommodation or the payment of only 25% HRA.

p. 3 · ¶ 7

02Issues

i.1. Whether a CISF member who was not provided Government accommodation is entitled to full HRA, notwithstanding any limitation based on the percentage or availability of accommodation.

pp. 2–5 · ¶ 5, 8–10

ii.2. Whether the petitioner was entitled to the unpaid balance of HRA for the periods in question.

pp. 3–4 · ¶ 7–8

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; it must be read so that a member who cannot obtain accommodation because of shortage, seniority, or the applicable allocation ratio is not denied HRA.

pp. 4–7 · ¶ 9–10

HRA is a component of salary and a compensatory allowance, not a concession; withholding it solely because of the place of posting or accommodation-allocation limits would be discriminatory and inconsistent with Article 14 of the Constitution.

pp. 4–7 · ¶ 9–10

The Court relied on Inspector/Exe. Jaspal Singh Mann v. Union of India & Ors., 2008 SCC OnLine Del 649, and subsequent decisions, including Shaikh Abdul Khalik, Brijesh Kumar, and Anand Kumar, applying the principle that unavailable accommodation must be compensated by HRA.

pp. 2–3, 8 · ¶ 5–6, 11

It also noted that the Supreme Court had upheld Jaspal Singh Mann and Brijesh Kumar, and referred to the Department of Expenditure’s Office Memorandum dated 7 July 2017 on HRA rates.

p. 8 · ¶ 11

Provisions in the judgment · 1 · Linked ones open on LawLens

Code of Civil Procedure, 1908 Section 151

04Reasoning

The petitioner’s case fell within the rule in Jaspal Singh Mann: he had not been allotted accommodation during the claimed periods, and the respondents did not dispute that only 25% HRA had been paid.

pp. 3–4 · ¶ 7–8

Applying Rule 61 as interpreted in the cited decisions, the Court held that accommodation-allocation limits or the station of posting could not justify withholding the balance HRA where accommodation was unavailable.

pp. 4–8 · ¶ 9–12

The Court therefore found the 5% reduction unlawful.

pp. 4–8 · ¶ 9–12

05Holding

The Court held that the petitioner was entitled to full HRA for 1 July 2020 to 1 May 2022 and from 1 June 2025 onwards.

p. 9 · ¶ 12–13

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 accrue until payment.

p. 9 · ¶ 12–13

The writ petition was disposed of accordingly.

p. 9 · ¶ 12–13
Delhi High Court

Original Court PDF

Si/Exe Sombir SinghvsUnion Of India & Anr.

Delhi High Court · November 05, 2026

Click to open original judgment

Original judgment, available to read, download and summarize on LawLens.in

Click to open original judgment