CISF Officer Without Government Housing Gets Full HRA As Delhi HC Orders Payment Of 5% Balance

The petitioner, a CISF member, was posted at CISF Units at DMRC, CGBS and Samadhi Sthal, New Delhi, from 21 March 2018, 11 May 2022 and 3 August 2023, respectively.

He was not provided Government accommodation during the claimed periods and had received only 25% HRA. He sought the remaining 5%, contending that he was entitled to full HRA in lieu of accommodation.

The respondents did not dispute the non-provision of accommodation or the payment of only 25% HRA.

Rule 61 of the Central Industrial Security Force Rules, 2001 provides for accommodation for Force personnel and, where accommodation is unavailable, HRA in lieu thereof as applicable to other Central Government employees.

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; a member who is not allotted accommodation because of shortage or seniority cannot therefore be denied HRA.

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

The petitioner’s case fell within the principle in Jaspal Singh Mann: where accommodation is not provided, the member is entitled to HRA in lieu, and entitlement cannot be defeated by allocation limits or the member’s seniority.

The respondents’ admitted failure to provide accommodation and payment of only 25% HRA established the basis for the claim.

The Court accordingly held that the 5% reduction was legally untenable and that the petitioner was entitled to full HRA for the claimed periods.

The arrears were to be paid within three months; if unpaid within that period, they would carry simple interest at 6% per annum until payment. The writ petition was disposed of accordingly.