CISF Officer Without Government Housing Is Owed Full HRA; Delhi HC Orders 5% Balance For 2022–25

The petitioner, a CISF member posted at IGI Airport, New Delhi, was not allotted Government accommodation from 7 June 2022 to 11 June 2025.

He received 25% HRA and sought the unpaid balance of 5%, contending that he was entitled to the full applicable HRA in lieu of accommodation.

The respondents did not dispute either the non-allotment of accommodation or the 25% payment.

Rule 61 of the Central Industrial Security Force Rules, 2001 provides for accommodation for members of the Force and HRA in lieu where accommodation is unavailable; it was read down in Inspector/Exe. Jaspal Singh Mann v. Union of India & Ors., 2008 SCC OnLine Del 649, to prevent denial of HRA merely because accommodation is unavailable or the member falls outside an allotment category.

The Court applied the principle that HRA is a component of salary and a compensatory allowance, not a concession, and that denying it based on posting, seniority, or accommodation-allotment percentages would be arbitrary and contrary to Article 14.

It also relied on 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 petitioner’s case fell within the rule established in Jaspal Singh Mann: where accommodation is not provided, HRA must follow, and the member’s entitlement cannot be reduced by applying accommodation-allotment limits or seniority-based categories.

Since the respondents accepted that the petitioner received no Government accommodation during the claimed period and had been paid only 25% HRA, the Court found no legal basis for withholding the balance 5%.

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.