Delhi HC Orders Full HRA For CISF Member Who Went Without Government Housing, Including 5% Arrears

The petitioner, a CISF member, was posted at CISF Units at Trivandrum Airport and IGI Airport, New Delhi.

He was not provided Government accommodation during the periods from 6 May 2021 to July 2023 and from 16 June 2025 until HRA was sanctioned, and had received only 25% HRA.

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 for Force members and HRA in lieu of accommodation where it 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, not a concession; a member who is not allotted accommodation, including because of seniority or a shortage of accommodation, cannot thereby be denied HRA.

The judgment 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 Court found that the petitioner had not been provided accommodation during the periods in question and that only 25% HRA had been paid.

Applying Jaspal Singh Mann and the subsequent decisions, it held that the unavailability of accommodation could not justify withholding part of the HRA to which the petitioner was entitled.

The Court therefore found the 5% reduction legally unsustainable and applied the established principle that full HRA must follow where accommodation is not provided.

The respondents were directed to release the balance HRA within three months; 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.