Allowed

Sunil Singh Baghel And Ors. v. State Of Chhattisgarh And Ors.

Chhattisgarh HC6 Aug 2024WPS/3451/2014

Case brief

AI extract

What is this about?

Police constables posted in Naxal-affected areas challenged orders directing recovery of house rent allowance earlier granted under departmental circulars. The court found no misrepresentation by the petitioners, held recovery after three years iniquitous against Class-III employees, quashed the recovery orders and directed refund with 8% interest.

What did the court decide?

Recovery orders dated 16.05.2014 & 22.05.2014 quashed; already-recovered amounts to be refunded with 8% p.a. interest within three months.

Sunil Singh Baghel And Ors. Vs State Of… — Pension and Retirement Benefits | Chhattisgarh HC (2024)

¶1

2024:CGHC:29496

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPS No. 1211 of 2016

¶5

Halber Singh S/o Late Sabulal, Aged About 51 Years Presently Working On The Post Of C. C Special Task Force Baghera, Distt. Durg Chhattisgarh, Chhattisgarh

¶6

Bharat Lal Jaltare, S/o Shri Bhau Ram, Aged About 50 Years Presently Working On The Post Of A.P.C. Special Task Force Baghera, Distt. Durg, Chhattisgarh, District : Durg, Chhattisgarh

¶7

Aniket Nandan, S/o Shri Rambriksh, Aged About 26 Years Presently Working On The Post Of Constable Batch No. 988 Special Task Force Baghera, Distt. Durg, Chhattisgarh, District : Durg, Chhattisgarh

¶8

Pramod Singh, S/o Shri Laxman Singh, Aged About 29 Years Presently Working On The Post Of Constable Batch No. 1072, Special Task Force Baghera, Distt. Durg, Chhattisgarh , District : Durg, Chhattisgarh

¶9

Narendra Singh, S/o Shri Sobran Singh, Aged About 30 Years Poresently Wokring On The Post Of Constable Batch No. 518, Special Task Force Baghera, Distt. Durg, Chhattisgarh , District : Durg, Chhattisgarh

¶10

Sunil Kumar Pal, S/o Shri Mahesh Pal, Aged About 26 Years Presently Wokring On The Post Of Constable Batch No. 1393, Special Task Force Baghera, Distt. Durg, Chhattisgarh , District : Durg, Chhattisgarh

¶11

Rishi Kumar, S/.O Shri Indrapal Singh, Aged About 31 Years Presently Working On The Post Of Constable Trade Batch No. 844, Special Task Force Baghera, Distt. Durg, Chhattisgarh , District : Durg, Chhattisgarh

¶12

Ramawadh Yadav, S/o Shri Mahajan Yadav, Aged About 25 Years Presently Working On The Post Of Constable Batch No. 315, Special Task Force Baghera, Distt. Durg, Chhattisgarh , District : Durg, Chhattisgarh

¶13

Ramlal Yadav, S/o Late Bhuku Shir, Aged About 37 Years Presently Working On The Post Of Constable, Batch No. 18, Special Task Force Baghera, Distt. Durg, Chhattisgarh , District : Durg, Chhattisgarh

¶14

Surendra Kumar, S/o Shri Chamara Ram, Aged About 32 Years Presently Working On The Post Of Constable Batch No. 1075, Special Task, Force Baghera, Distt. Durg, Special Task Force Baghera, Distt. Durg, Chhattisgarh , District : Durg, Chhattisgarh

¶15

Vinay Kumar, S/o Shri Rajendra Singh, Aged About 30 Years Presently Working On The Post Of Constable Batch No. 525, Special Task Force Baghera, Distt. Durg,

¶16

Chhattisgarh , District : Durg, Chhattisgarh

¶17

Vinay Singh, S/o Shri Balmukund Singh, Aged About 32 Years Presently Working On The Post Of Constable Batch No. 3484, Special Task Force Baghera, Distt. Durg, Chhattisgarh , District : Durg, Chhattisgarh

¶18

Bhukhan Patel S/o. Shri Bhaiyalal Patel Aged About 32 Years Presently Working On The Post Of Constable Batch No. 57 Special Task Force Baghera Distt Durg Chhattisgarh, District : Durg, Chhattisgarh

¶19

Rajesh Kumar S/o Shri Wajir Singh Aged About 26 Years Presently Working On The Post Of Constable Mt Batch No. 1272 Special Task Force Baghera Distt Durg Chhattisgarh , District : Durg, Chhattisgarh

¶20

Raman Singh S/o Shri Amar Singh Aged About 30 Years Presently Working On The Post Of Head Constable Batch No. 519 Special Task Force Baghera Distt Durg Chhattisgarh , District : Durg, Chhattisgarh

¶21

Praneet Xalxo S/o Shri Premdas Xalxo Aged About 26 Years Presently Working On The Post Of Constable Batch No. 212 Special Task Force Baghera Distt Durg Chhattisgarh , District : Durg, Chhattisgarh

¶22

Ramkaran S/o Shri Manoo Ram Aged About 34 Years Presently Working On The Post Of Head Constable Batch No. 349 Special Task Force Baghera Distt Durg Chhattisgarh , District : Durg, Chhattisgarh

¶23

Pramod Kumar S/o Shri Umashanker Aged About 27 Years Presently Working On The Post Of Constable Batch No. 193 Special Task Force Baghera Distt Durg Chhattisgarh , District : Durg, Chhattisgarh

¶24

Pilu Ram Markam, S/o Late Gando Ram Aged About 36 Years Presently Working On The Post Of Constable Batch No. 469 Special Task Force Baghera Distt Durg Chhattisgarh , District : Durg, Chhattisgarh

¶25

Lacheenath Poya S/o Shri Sukalu Ram Aged About 30 Years Presently Working On The Post Of Constable Batch No. 185 Special Task Force Baghera Distt Durg Chhattisgarh , District : Durg, Chhattisgarh

¶26

Johnpal Ekka S/o Shriram Ekka Aged About 25 Years Presently Working On The Post Of Constable Batch No. 1321 Special Task Force Baghera Distt Durg Chhattisgarh , District : Durg, Chhattisgarh

¶27

Sanjay Mandavi S/o Shri Malram Mandavi Aged About 26 Years Presently Working On The Post Of Constable Batch No. 237 Special Task Force Baghera Distt Durg Chhattisgarh , District : Durg, Chhattisgarh

¶28

Rajesh Markam S/o Shri J.R. Markam Aged About 38 Years Presently Working On The Post Of Constable Batch No. 8 Special Task Force Baghera Distt Durg Chhattisgarh , District : Durg, Chhattisgarh

¶29

Surendra Singh S/o Shri Gandharv Singh Aged About 32 Years Presently Working On The Post Of Constable Batch No. 498 Special Task Force Baghera Distt Durg Chhattisgarh , District : Durg, Chhattisgarh

¶30

Sukhchand Vatti S/o Shri Chherku Ram Aged About 26 Years Presently Working On The Post Of Constable Batch No. 23 Special Task Force Baghera Distt Durg Chhattisgarh ,

¶31

District : Durg, Chhattisgarh

¶32

Ramsundar Bunkar S/o Shri Baliram Bunkar Aged About 38 Years Presently Working On The Post Of Constable Batch No. 1343 Special Task Force Baghera Distt Durg Chhattisgarh , District : Durg, Chhattisgarh

¶33

Basant Yadav S/o Shri Nakul Ram Aged About 28 Years Presently Working On The Post Of Constable Batch No. 1164 Special Task Force Baghera Distt Durg Chhattisgarh , District : Durg, Chhattisgarh

¶34

Jageshwar S/o Shri Chandlal Aged About 30 Years Presently Working On The Post Of Constable Batch No. 63 Special Task Force Baghera Distt Durg Chhattisgarh , District : Durg, Chhattisgarh

¶35

Dharampal Jatwar S/o Shri Net Ram Aged About 25 Years Presently Working On The Post Of Constable Batch No. 699 Special Task Force Baghera Distt Durg Chhattisgarh , District : Durg, Chhattisgarh

¶36

Dasharath Kashyap S/o Shri Sitaram Kashyap Aged About 25 Years Presently Working On The Post Of Constable Mt. Batch No. 329 Special Task Force Baghera Distt Durg Chhattisgarh , District : Durg, Chhattisgarh

¶37

Raju Ram S/o Shri Samnath Aged About 32 Years Presently Working On The Post Of Constable Batch No. 527 Special Task Force Baghera Distt Durg Chhattisgarh , District : Durg, Chhattisgarh

¶38

Kawaldeep Singh S/o Shri Hira Singh Aged About 26 Years Presently Working On The Post Of Constable Batch No. 3482 Special Task Force Baghera Distt Durg Chhattisgarh , District : Durg, Chhattisgarh

¶39

Rama Hapaka S/o Shri Guddi Ram Aged About 28 Years Presently Working On The Post Of Constable Batch No. 409 Special Task Force Baghera Distt Durg Chhattisgarh , District : Durg, Chhattisgarh

¶40

Umesh Kumar S/o Shri Suryanath Prasad Aged About 27 Years Presently Working On The Post Of Constable Radio Batch No. 3244 Special Task Force Baghera Distt Durg Chhattisgarh , District : Durg, Chhattisgarh

¶41

Hriday Narayan Rajware S/o Shri Ranglal Aged About 32 Years Presently Working On The Post Of Constable Trade Batch No. 1590 Special Task Force Baghera Distt Durg Chhattisgarh , District : Durg, Chhattisgarh

¶42

Arjun Singh Nag S/o Shri Bandhu Ram Aged About 41 Years Presently Working On The Post Of Head Constable Batch No. 1005 Special Task Force Baghera Distt Durg Chhattisgarh , District : Durg, Chhattisgarh

¶43

Nilesh Kumar S/o Shri Gajadhar Prasad Aged About 30 Years Presently Working On The Post Of Constable Batch No. 514 Special Task Force Baghera Distt Durg Chhattisgarh , District : Durg, Chhattisgarh

¶44

Neeraj Mishra S/o Shri Chandrika Prasad Aged About 35 Years Presently Working On The Post Of Constable Batch No. 146 Special Task Force Baghera Distt Durg Chhattisgarh , District : Durg, Chhattisgarh

¶45

Anil Kumar Pandey S/o Shri Harishankar Pandey, Aged About 25 Years Presently Working On The Post Of Constable Batch No. 1194 A.P.C Special Task Force Baghera

¶46

Distt Durg Chhattisgarh , District : Durg, Chhattisgarh

¶47

Prabhat Kumar S/o Shri Rajkumar Prasad Aged About 26 Years Presently Working On The Post Of Constable Batch No. 3236 Special Task Force Baghera Distt Durg Chhattisgarh , District : Durg, Chhattisgarh

¶48

Krishna Kumar S/o Shri Bhagwan Deen Aged About 33 Years Presently Working On The Post Of Constable Batch No. 105 Special Task Force Baghera Distt Durg Chhattisgarh , District : Durg, Chhattisgarh

¶49

Kanhaiya Lal Sahu S/o Shri Ghanshyam Sahu Aged About 26 Years Presently Working On The Post Of Constable Batch No. 85 Special Task Force Baghera Distt Durg Chhattisgarh , District : Durg, Chhattisgarh

¶50

Sanjay Singh S/o Shri Tirath Ram Aged About 25 Years Presently Working On The Post Of Constable Batch No. 1375 Special Task Force Baghera Distt Durg Chhattisgarh , District : Durg, Chhattisgarh

¶51

Pratap Yadav S/o Shri Shyamnath Aged About 36 Years Presently Working On The Post Of Head Constable Batch No. 479 Special Task Force Baghera Distt Durg Chhattisgarh , District : Durg, Chhattisgarh

¶52

Bhisambher Yadav S/o Shri Milu Ram Aged About 30 Years Presently Working On The Post Of Constable Batch No. 858 Special Task Force Baghera Distt Durg Chhattisgarh , District : Durg, Chhattisgarh

¶53

Laxman Singh Rana S/o Late Ramchandra Rana Aged About 33 Years Presently Working On The Post Of Constable Batch No. 1532 Special Task Force Baghera Distt Durg Chhattisgarh , District : Durg, Chhattisgarh

¶54

Lalbahadur Tiwari S/o Shri Jagat Narayan Aged About 43 Years Presently Working On The Post Of A.P.C. Special Task Force Baghera Distt Durg Chhattisgarh , District : Durg, Chhattisgarh

¶55

Suresh Dewangan S/o Shri Kalu Ram Aged About 32 Years Presently Working On The Post Of Constable Batch No. 700 Special Task Force Baghera Distt Durg Chhattisgarh , District : Durg, Chhattisgarh

¶56

Akhilesh Singh S/o Shri Bacha Singh Aged About 25 Years Presently Working On The Post Of Constable Batch No. 1457 Special Task Force Baghera Distt Durg Chhattisgarh , District : Durg, Chhattisgarh

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Kanta Ram S/o Late Sadhu Ram Aged About 32 Years Presently Working On The Post Of Constable Batch No. 38 Special Task Force Baghera Distt Durg Chhattisgarh , District : Durg, Chhattisgarh

¶58

Kamal Narayan S/o Shri Sadhram Sahu Aged About 31 Years Presently Working On The Post Of Constable Batch No. 400 Special Task Force Baghera Distt Durg Chhattisgarh , District : Durg, Chhattisgarh

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Pawan Sahu S/o Shri Shivram Sahu Aged About 28 Years Presently Working On The Post Of Constable Batch No. 1325 Special Task Force Baghera Distt Durg Chhattisgarh , District : Durg, Chhattisgarh

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Omprakash Salam S/o Shri Kunwar Singh Aged About 35 Years Presently Working On The Post Of Constable Batch No. 71 Special Task Force Baghera Distt Durg Chhattisgarh ,

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District : Durg, Chhattisgarh

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Ravindra Ram S/o Shri Pheku Ram Aged About 45 Years Presently Working On The Post Of Head Constable Batch No. 799 Special Task Force Baghera Distt Durg Chhattisgarh , District : Durg, Chhattisgarh

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Bisen Kumar S/o Shri Arjun Ram Aged About 28 Years Presently Working On The Post Of Constable Batch No. 3254 Special Task Force Baghera Distt Durg Chhattisgarh , District : Durg, Chhattisgarh

¶64

Sandip Warke S/o Shri Jeevan Lal Aged About 26 Years Presently Working On The Post Of Constable Batch No. 3258 Special Task Force Baghera Distt Durg Chhattisgarh , District : Durg, Chhattisgarh

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Parmeshwar Tigga S/o Shri Babu Ram Aged About 28 Years Presently Working On The Post Of Constable Batch No. 3301 Special Task Force Baghera Distt Durg Chhattisgarh , District : Durg, Chhattisgarh

¶66

Nilkanth Sahu S/o Shri Manghelal Aged About 26 Years Presently Working On The Post Of Constable Batch No. 1358 Special Task Force Baghera Distt Durg Chhattisgarh , District : Durg, Chhattisgarh

¶67

Jailal Netam S/o Shri Late Chatram Aged About 29 Years Presently Working On The Post Of Constable Batch No. 3256 Special Task Force Baghera Distt Durg Chhattisgarh , District : Durg, Chhattisgarh

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Rohit Kumar S/o Shri Chetan Ram Aged About 24 Years Presently Working On The Post Of Constable Batch No. 3313 Special Task Force Baghera Distt Durg Chhattisgarh , District : Durg, Chhattisgarh

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Matiyus Kujur S/o Shri Rakbir Kujur Aged About 28 Years Presently Working On The Post Of Constable Batch No. 3295 Special Task Force Baghera Distt Durg Chhattisgarh , District : Durg, Chhattisgarh

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Hans Kumar S/o Shri Shivram Aged About 27 Years Presently Working On The Post Of Constable Batch No. 1355 Special Task Force Baghera Distt Durg Chhattisgarh , District : Durg, Chhattisgarh

¶71

Ajit Kumar S/o Shri Mahipal Singh Aged About 29 Years Presently Working On The Post Of Constable Batch No. 1370 Special Task Force Baghera Distt Durg Chhattisgarh , District : Durg, Chhattisgarh

¶72

Ashok Metta S/o Shri Metta Anand Rao Aged About 27 Years Presently Working On The Post Of Constable Batch No. 3230 Special Task Force Baghera Distt Durg Chhattisgarh , District : Durg, Chhattisgarh

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Keshav Sahu S/o Shri Sube Ram Aged About 25 Years Presently Working On The Post Of Head Constable Batch No. 1449 Special Task Force Baghera Distt Durg Chhattisgarh , District : Durg, Chhattisgarh

¶74

Barsa Bablu S/o Late Mangu Aged About 27 Years Presently Working On The Post Of Constable Batch No. 3228 Special Task Force Baghera Distt Durg Chhattisgarh , District : Durg, Chhattisgarh

¶75

Daya Ram S/o Shri Tulsi Ram Aged About 27 Years Presently Working On The Post Of Constable Batch No. 3255 Special Task Force Baghera Distt Durg Chhattisgarh ,

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District : Durg, Chhattisgarh

¶77

Bhisam Prashad S/o Shri Ramnarayan Aged About 27 Years Presently Working On The Post Of Constable Batch No. 1371 Special Task Force Baghera Distt Durg Chhattisgarh , District : Durg, Chhattisgarh

¶78

Satish Sonkar S/o Shri Kishorlal Aged About 31 Years Presently Working On The Post Of Constable Batch No. 313 Special Task Force Baghera Distt Durg Chhattisgarh , District : Durg, Chhattisgarh

¶79

Mahesh Netam S/o Shri Raghuram Aged About 26 Years Presently Working On The Post Of Constable Batch No. 1484 Special Task Force Baghera Distt Durg Chhattisgarh , District : Durg, Chhattisgarh

¶80

Satish Kumar Yadav S/o Shri Mugunoo Yadav Aged About 27 Years Presently Working On The Post Of Constable Batch No. 1385 Special Task Force Baghera Distt Durg Chhattisgarh , District : Durg, Chhattisgarh

¶81

Prashant Pathak S/o Shri Santosh Pathak Aged About 30 Years Presently Working On The Post Of Head Constable Batch No. 1092 Special Task Force Baghera Distt Durg Chhattisgarh , District : Durg, Chhattisgarh

¶82

Jitendra Yadav S/o Shri Ramesh Yadav Aged About 25 Years Presently Working On The Post Of Constable Batch No. 377 Special Task Force Baghera Distt Durg Chhattisgarh , District : Durg, Chhattisgarh

¶83

Devendra Nawaratne S/o Shri Nandeshwar Aged About 25 Years Presently Working On The Post Of Constable Batch No. 883 Special Task Force Baghera Distt Durg Chhattisgarh , District : Durg, Chhattisgarh

¶84

Hirday Sahu S/o Shri Goverdhan Sahu Aged About 30 Years Presently Working On The Post Of Constable Batch No. 1021 Special Task Force Baghera Distt Durg Chhattisgarh , District : Durg, Chhattisgarh

¶85

Santosh Pandey S/o Shri Gopal Pandey Aged About 42 Years Presently Working On The Post Of A.P.C Special Task Force Baghera Distt Durg Chhattisgarh , District : Durg, Chhattisgarh

¶86

Mohan Ram Bhagat S/o Shri Bholwa Ram Bhagat Aged About 43 Years Presently Working On The Post Of A.P.C Special Task Force Baghera Distt Durg Chhattisgarh , District : Durg, Chhattisgarh

¶87

Brajesh Yadav S/o Shri Ramawatar Yadav Aged About 27 Years Presently Working On The Post Of Constable Batch No. 715 Special Task Force Baghera Distt Durg Chhattisgarh , District : Durg, Chhattisgarh

¶88

Vinod Ram S/o Shri Ramvilash Ram Aged About 27 Years Presently Working On The Post Of Constable Batch No. 884 Special Task Force Baghera Distt Durg Chhattisgarh, District : Durg, Chhattisgarh

¶89

Satish Suryavanshi S/o Shri Dindyal Aged About 28 Years Presently Working On The Post Of Constable Batch No. 3134 Special Task Force Baghera Distt Durg Chhattisgarh , District : Durg, Chhattisgarh

¶90

Narayan Singh S/o Shri Chhbilal Komare Aged About 23 Years Presently Working On The Post Of Constable Batch No. 1179 Special Task Force Baghera Distt Durg

¶91

Chhattisgarh , District : Durg, Chhattisgarh

¶92

Shyam Thapa S/o Shri Tulsi Ram Aged About 30 Years Presently Working On The Post Of Constable Batch No. 3472 Special Task Force Baghera Distt Durg Chhattisgarh , District : Durg, Chhattisgarh

¶93

Raghu Ram S/o Shri Ganesh Ram Kashyap Aged About 25 Years Presently Working On The Post Of Constable Batch No. 979 Special Task Force Baghera Distt Durg Chhattisgarh , District : Durg, Chhattisgarh

¶94

Dinesh Kumar Netam S/o Shri Buduam Netam Aged About 27 Years Presently Working On The Post Of Constable Batch No. 3555 Special Task Force Baghera Distt Durg Chhattisgarh , District : Durg, Chhattisgarh

¶95

Pawan Diwaker S/o Shri Tribhuwan Diwaker Aged About 29 Years Presently Working On The Post Of Constable Batch No. 250 Special Task Force Baghera Distt Durg Chhattisgarh , District : Durg, Chhattisgarh

¶96

Dhananjay Yadav S/o Shri Parasanth Yadav Aged About 29 Years Presently Working On The Post Of Constable Batch No. 1014 Special Task Force Baghera Distt Durg Chhattisgarh , District : Durg, Chhattisgarh

¶97

Ramchandra Singh S/o Shri Jairam Singh Aged About 26 Years Presently Working On The Post Of Constable Batch No. 1441 Special Task Force Baghera Distt Durg Chhattisgarh , District : Durg, Chhattisgarh

¶98

Ramanuj Yadav S/o Shri Prabhu Nath Yadav Aged About 29 Years Presently Working On The Post Of Constable Batch No. 1066 Special Task Force Baghera Distt Durg Chhattisgarh , District : Durg, Chhattisgarh

¶99

Pradeep Verma S/o Shri Kamta Prasad Aged About 28 Years Presently Working On The Post Of Constable Batch No. 1036 Special Task Force Baghera Distt Durg Chhattisgarh , District : Durg, Chhattisgarh

¶100

Awdhesh Kumar S/o Shri Viswa Kumar Aged About 28 Years Presently Working On The Post Of Constable Batch No. 675 Special Task Force Baghera Distt Durg Chhattisgarh , District : Durg, Chhattisgarh

¶101

Munilal Yadav S/o Shri Ramchandra Yadav Aged About 25 Years Presently Working On The Post Of Constable Batch No. 3122 Special Task Force Baghera Distt Durg Chhattisgarh , District : Durg, Chhattisgarh

¶102

Bablu Mishra S/o Shri H.P. Mishra Aged About 23 Years Presently Working On The Post Of Constable Batch No. 1512 Special Task Force Baghera Distt Durg Chhattisgarh , District : Durg, Chhattisgarh

¶103

Roop Singh Kushwaha S/o Shri Chandan Singh Aged About 29 Years Presently Working On The Post Of Constable Batch No. 1587 Special Task Force Baghera Distt Durg Chhattisgarh , District : Durg, Chhattisgarh

¶104

Dinesh Tomar S/o Shri Kishor Tomar Aged About 29 Years Presently Working On The Post Of Constable Batch No. 221 Special Task Force Baghera Distt Durg Chhattisgarh , District : Durg, Chhattisgarh

¶105

Pawan Kumar Netam S/o Shri Dhaniram Netam Aged About 25 Years Presently Working On The Post Of Constable Batch No. 1322 Special Task Force Baghera Distt

¶106

Durg Chhattisgarh , District : Durg, Chhattisgarh

¶107

Domendra Patel S/o Shri Narayan Singh Aged About 23 Years Presently Working On The Post Of Constable Batch No. 3473 Special Task Force Baghera Distt Durg Chhattisgarh , District : Durg, Chhattisgarh

¶108

Sams Tamrej Khan S/o Shri Mohd. Wakil Khan Aged About 26 Years Presently Working On The Post Of Constable Batch No. 734 Special Task Force Baghera Distt Durg Chhattisgarh, District : Durg, Chhattisgarh

¶109

Jitendra Goswami S/o Shri Ramujagir Aged About 29 Years Presently Working On The Post Of Constable Batch No. 24 Special Task Force Baghera Distt Durg Chhattisgarh , District : Durg, Chhattisgarh

¶110

Dinesh Kumar Sahu S/o Shri Ramprasad Sahu Aged About 26 Years Presently Working On The Post Of Constable Batch No. 1096 Special Task Force Baghera Distt Durg Chhattisgarh , District : Durg, Chhattisgarh

¶111

Arvind Kumar S/o Shri Chanra Bhan Singh Aged About 28 Years Presently Working On The Post Of Constable Batch No. 3135 Special Task Force Baghera Distt Durg Chhattisgarh , District : Durg, Chhattisgarh

¶112

---- Petitioners

¶113

versus

¶114

State Of Chhattisgarh, Through The Secretary, Department Of Home, Mahanadi Bhawan, New Raipur, Raipur, Chhattisgarh, Chhattisgarh

¶115

The Director General Of Police, Police Head Quarter Raipur Distt. Raipur Chhattisgarh, District : Raipur, Chhattisgarh

¶116

The Deputy Inspector General Police Special Task Force Baghera Distt Durg Chhattisgarh, District : Durg, Chhattisgarh

¶117

The Superintendent Of Police Special Task Force Baghera Distt Durg Chhattisgarh, District : Durg, Chhattisgarh

¶118

---- Respondents

¶119

WPS No. 3451 of 2014

¶120

Sunil Singh Baghel And Ors. S/o Shri Siyaram Baghel Aged About 27 Years Presently Working On The Post Of Head Constable Batch No. 345, 16th Batalian B/r Chhattisgarh Arms Force Narayanapur, Dist Narayanpur, Cg, Chhattisgarh

¶121

Ram Kumar S/o Sjhri Gabbar Singh Aged About 25 Years Presently Working On The Post Constable Batch No. 467, 16th Batalian B/r Chhattisgarh Arms Force Narayanpur, Distt Narayanpur, Cg, District : Narayanpur, Chhattisgarh

¶122

Anil Yadav S/o Shri Kailash Yadav Aged About 26 Years Presently Working On The Post Constable Batch No. 7, 16th Batalian B/5r Chhattisgarh Arms Force Narayanpur, Distt Narayanpur, Cg, District : Narayanpur, Chhattisgarh

¶123

Rajveer Singh S/o Shri Bhagwan Singh Aged About 27 Years Presently Working On The Post Constable Batch No. 595 16th Batalian B/r Chhattisgarh Arms Force Narayanpur, Distt Narayanpur, Cg, District : Narayanpur, Chhattisgarh

¶124

Vinay Singh S/o Shri Balmukund Singh Aged About 26 Years Presently Working On The Post Constable Batch No. 140, 16th Batalian B/r Chhattisgarh Arms Force Narayanpur, Distt Narayanpur, Cg, District : Narayanpur, Chhattisgarh

¶125

Karan Singh S/o Luxaman Singh Aged About 25 Years Presently Working On The Post Constable Batch No. 292, 16th Batalian B/r Chhattisgarh Arms Force Narayanpur, Distt Narayanpur, Cg, District : Narayanpur, Chhattisgarh

¶126

Pradeep Kumar S/o Shri Panjab Singh Aged About 26 Years Presently Working On The Post Constable Batch No.479, 16th Batalian B/r Chhattisgarh Arms Force Narayanpur, Distt Narayanpur, Cg, District : Narayanpur, Chhattisgarh

¶127

Deoraj Mahanadi S/o Shri Lalu Mahanand Aged About 26 Years Presently Working On The Post Constable Batch No. 257, 16th Batalian B/r Chhattisgarh Arms Force Narayanpur, Distt Narayanpur, Cg, District : Narayanpur, Chhattisgarh

¶128

Goutam Kumar Yadav S/o Shri Rambachan Yadav Aged About 28 Years Presently Working On The Post Constable Batch No. 557 16th Batalian B/r Chhattisgarh Arms Force Narayanpur, Distt Narayanpur, Cg, District : Narayanpur, Chhattisgarh

¶129

Praveen Rai S/o Shri Parasnath Rai Aged About 24 Years Presently Working On The Post Constable Batch No. 515, 16th Batalian B/r Chhattisgarh Arms Force Narayanpur, Distt Narayanpur, Cg, District : Narayanpur, Chhattisgarh

¶130

Dharmendra Ojha S/o Lt Butial Ojha Aged About 24 Years Presently Working On The Post Constable Batch No. 275, 16th Batalian B/r Chhattisgarh Arms Force Narayanpur, Distt Narayanpur, Cg, District : Narayanpur, Chhattisgarh

¶131

Sushil Kumar S/o Shri Pururshotam Aged About 26 Years Presently Working On The Post Constable Batch No. 394, 16th Batalian B/r Chhattisgarh Arms Force Narayanpur, Distt Narayanpur, Cg, District : Narayanpur, Chhattisgarh

¶132

Anil Yadav S/o Shri Ramdhar Yadav Aged About 27 Years Presently Working On The Post Constable Batch No. 344, 16th Batalian B/r Chhattisgarh Arms Force Narayanpur, Distt Narayanpur, Cg, District : Narayanpur, Chhattisgarh

¶133

Sunil Singh Yadav S/o Shri Vashist Yadav Aged About 25 Years Presently Working On The Post Constable Batch No. 385, 16th Batalian B/r Chhattisgarh Arms Force Narayanpur, Distt Narayanpur, Cg, District : Narayanpur, Chhattisgarh

¶134

Ranveer Singh S/o Shri Bani Singh Aged About 26 Years Presently Working On The Post Constable Batch No. 303, 16th Batalian B/r Chhattisgarh Arms Force Narayanpur, Distt Narayanpur, Cg, District : Narayanpur, Chhattisgarh

¶135

Brijmohan Yadav S/o Shrichand Yadav Aged About 24 Years Presently Working On The Post Constable Batch No. 84, 16th Batalian B/r Chhattisgarh Arms Force Narayanpur, Distt Narayanpur, Cg, District : Narayanpur, Chhattisgarh

¶136

Jagmohan Singh Kuswaha S/o Shri Ramdas Kushwaha Aged About 26 Years Presently Working On The Post Constable Batch No. 1007, 16th Batalian B/r Chhattisgarh Arms Force Narayanpur, Distt Narayanpur, Cg, District : Narayanpur, Chhattisgarh

¶137

Rajesh Kumar Singh S/o Shri Nawal Kishor Singh Aged About 26 Years Presently Working On The Post Constable Batch No. 356, 16th Batalian B/r Chhattisgarh Arms Force Narayanpur, Distt Narayanpur, Cg, District : Narayanpur, Chhattisgarh

¶138

Rama Sankar Singh S/o Shri Birendra Singh Aged About 25 Years Presently Working On The Post Constable Batch No. 432, 16th Batalian B/r Chhattisgarh Arms Force Narayanpur, Distt Narayanpur, Cg, District : Narayanpur, Chhattisgarh

¶139

Vansh Raj Yadav S/o Shri Bajrangi Yadav Aged About 27 Years Presently Working On The Post Constable Batch No. 243, 16th Batalian B/r Chhattisgarh Arms Force Narayanpur, Distt Narayanpur, Cg, District : Narayanpur, Chhattisgarh

¶140

Jitendra Kumar Singh S/o Shri Ramayan Singh Aged About 24 Years Presently Working On The Post Constable Batch No. 1015, 16th Batalian B/r Chhattisgarh Arms Force Narayanpur, Distt Narayanpur, Cg, District : Narayanpur, Chhattisgarh

¶141

Tej Pratap Singh S/o Shri Swami Nath Singh Aged About 25 Years Presently Working On The Post Constable Batch No. 1017, 16th Batalian B/r Chhattisgarh Arms Force Narayanpur, Distt Narayanpur, Cg, District : Narayanpur, Chhattisgarh

¶142

Arun Sharma S/o Shri Radha Charan Sharma Aged About 26 Years Presently Working On The Post Constable Batch No. 1014, 16th Batalian B/r Chhattisgarh Arms Force Narayanpur, Distt Narayanpur, Cg, District : Narayanpur, Chhattisgarh

¶143

Balindra Yadav S/o Lt Sudal Yadav Aged About 27 Years Presently Working On The Post Constable Batch No. 577, 16th Batalian B/r Chhattisgarh Arms Force Narayanpur, Distt Narayanpur, Cg, District : Narayanpur, Chhattisgarh

¶144

Rup Singh S/o Shri Param Singh Aged About 24 Years Presently Working On The Post Constable Batch No. 1044, 16th Batalian B/r Chhattisgarh Arms Force Narayanpur, Distt Narayanpur, Cg, District : Narayanpur, Chhattisgarh

¶145

Bablu Bharti S/o Lt Mahadev Yadav Aged About 25 Years Presently Working On The Post Constable Batch No.386, 16th Batalian B/r Chhattisgarh Arms Force Narayanpur, Distt Narayanpur, Cg, District : Narayanpur, Chhattisgarh

¶146

Rajkumar Yadav S/o Shriram Avatar Yadav Aged About 26 Years Presently Working On The Post Constable Batch No.507 , 16th Batalian B/r Chhattisgarh Arms Force Narayanpur, Distt Narayanpur, Cg, District : Narayanpur, Chhattisgarh

¶147

Arvind Singh S/o Shri Gopal Singh Aged About 24 Years Presently Working On The Post Constable Batch No.522, 16th Batalian B/r Chhattisgarh Arms Force Narayanpur, Distt Narayanpur, Cg, District : Narayanpur, Chhattisgarh

¶148

Prabhu Ram S/o Shri Dhuplal Ram Aged About 25 Years Presently Working On The Post Constable Batch No. 196, 16th Batalian B/r Chhattisgarh Arms Force Narayanpur, Distt Narayanpur, Cg, District : Narayanpur, Chhattisgarh

¶149

Ranjeet Singh S/o Shri Moti Chandra Ram Aged About 26 Years Presently Working On The Post Constable Batch No.440 , 16th Batalian B/r Chhattisgarh Arms Force Narayanpur, Distt Narayanpur, Cg, District : Narayanpur, Chhattisgarh

¶150

Chitranjan Rai S/o Shri Baban Rai Aged About 25 Years Presently Working On The Post Constable Batch No. 502, 16th Batalian B/r Chhattisgarh Arms Force Narayanpur, Distt Narayanpur, Cg, District : Narayanpur, Chhattisgarh

¶151

Subodh Kumar Poddar S/o Shri Mahendra Poddar Aged About 23 Years Presently Working On The Post Constable Batch No. 209, 16th Batalian B/r Chhattisgarh Arms Force Narayanpur, Distt Narayanpur, Cg, District : Narayanpur, Chhattisgarh

¶152

Choudhari Maharaj Singh S/o Shri Gitam Singh Aged About 25 Years Presently Working On The Post Constable Batch No. 397, 16th Batalian B/r Chhattisgarh Arms Force Narayanpur, Distt Narayanpur, Cg, District : Narayanpur, Chhattisgarh

¶153

Arvind Kumar Yadav S/o Shri Vishwanath Yadav Aged About 27 Years Presently Working On The Post Constable Batch No. 307, 16th Batalian B/r Chhattisgarh Arms Force Narayanpur, Distt Narayanpur, Cg, District : Narayanpur, Chhattisgarh

¶154

Manesh Kumar S/o Shri Ram Kesh Aged About 26 Years Presently Working On The Post Constable Batch No. 559, 16th Batalian B/r Chhattisgarh Arms Force Narayanpur, Distt Narayanpur, Cg, District : Narayanpur, Chhattisgarh

¶155

Sanjay Kumar Sahani S/o Shri Moti Sahani Aged About 26 Years Presently Working On The Post Constable Batch No. 454, 16th Batalian B/r Chhattisgarh Arms Force Narayanpur, Distt Narayanpur, Cg, District : Narayanpur, Chhattisgarh

¶156

---- Petitioner

¶157

Versus

¶158

State Of Chhattisgarh, Through Secretary, Department Of Home, Mahanadi Bhawan, New Raipur, Dist Raipur, Cg, Chhattisgarh

¶159

The Director General Of Police Police Head Quarter Raipur, Distt Raipur, Cg, District : Raipur, Chhattisgarh

¶160

The Commandant 16th Batalian B/r Chhattisgar Arms Force Narayanpur, Distt Narayanpur, Cg, District : Narayanpur, Chhattisgarh

¶161

---- Respondents

¶162

WPS No. 3279 of 2014

¶163

Shiv Pratap Singh And Ors. S/o Shri Ram Lakhan Singh Aged About 53 Years Presently Working On The Post Of Constable Batch No 743 16th Batalian B/r Chhattisgarh Arms Force Narayanpur Distt. Narayanpur C.G. , Chhattisgarh

¶164

Avatar Singh S/o Shri Omkar Singh Lakhan Singh Aged About 24 Years Presently Working On The Post Of Constable Batch No 375 16th Batalian B/r Chhattisgarh Arms Force Narayanpur Distt. Narayanpur C.G. , District : Narayanpur, Chhattisgarh

¶165

Lalit Kishor Mishra S/o Shri Prabhu Nath Mishra Aged About 23 Years Presently Working On The Post Of Constable Batch No 149 16th Batalian B/r Chhattisgarh Arms Force Narayanpur Distt. Narayanpur C.G., District : Narayanpur, Chhattisgarh

¶166

Ravi Kumar Soni S/o Ramjee Prasad Soni Aged About 26 Years Presently Working On The Post Of Constable Batch No 155 16th Batalian B/r Chhattisgarh Arms Force Narayanpur Distt. Narayanpur C.G. , District : Narayanpur, Chhattisgarh

¶167

Vikash Kumar S/o Shri Bhup Singh Yadav Aged About 24 Years Presently Working On The Post Of Constable Batch No 647, 16th Batalian B/r Chhattisgarh Arms Force Narayanpur Distt. Narayanpur C.G., District : Narayanpur, Chhattisgarh

¶168

Raj Kumar Gupta S/o Shri Mahendra Prasad Gupta Aged About 25 Years Presently Working On The Post Of Constable Batch No 392 16th Batalian B/r Chhattisgarh Arms Force Narayanpur Distt. Narayanpur C.G. , District : Narayanpur, Chhattisgarh

¶169

Anil Kumar S/o Gaya Prasad Aged About 26 Years Presently Working On The Post Of Constable Batch No 1045, 16th Batalian B/r Chhattisgarh Arms Force Narayanpur Distt. Narayanpur C.G. , District : Narayanpur, Chhattisgarh

¶170

Manoj Kumar Chandel S/o Shri Gajraj Singh Chandel Aged About 24 Years Presently Working On The Post Of Constable Batch No 641 16th Batalian B/r Chhattisgarh Arms Force Narayanpur Distt. Narayanpur C.G. , District : Narayanpur, Chhattisgarh

¶171

Mahesh Kumar S/o Shri Prabhu Nath Mishra Aged About 25 Years Presently Working On The Post Of Constable Batch No 256 16th Batalian B/r Chhattisgarh Arms Force Narayanpur Distt. Narayanpur C.G. , District : Narayanpur, Chhattisgarh

¶172

Raj Kumar Bharti S/o Shri Hira Sai Aged About 26 Years Presently Working On The Post Of Constable Batch No 375 16th Batalian B/r Chhattisgarh Arms Force Narayanpur Distt. Narayanpur C.G. , District : Narayanpur, Chhattisgarh

¶173

Brijesh Kumar Shri Harendra Singh Aged About 23 Years Presently Working On The Post Of Constable Batch No 207 16th Batalian B/r Chhattisgarh Arms Force Narayanpur Distt. Narayanpur C.G. , District : Narayanpur, Chhattisgarh

¶174

Anil Kumar S/o Dashrath Prasad Aged About 24 Years Presently Working On The Post Of Constable Batch No 208 16th Batalian B/r Chhattisgarh Arms Force Narayanpur Distt. Narayanpur C.G. , District : Narayanpur, Chhattisgarh

¶175

Santosh Singh S/o Late Shri Ram Sai Aged About 26 Years Presently Working On The Post Of Constable Batch No 636 16th Batalian B/r Chhattisgarh Arms Force Narayanpur Distt. Narayanpur C.G. , District : Narayanpur, Chhattisgarh

¶176

---- Petitioner

¶177

Versus

¶178

State Of Chhattisgarh, Through The Secretary Department Of Home, Mahanadi Bhawan, Mantralaya, New Raipur, Distt. Raipur C.G., Chhattisgarh

¶179

The Director General Of Police Police Head Quarter Raipur Distt. Raipur C.G. , District : Raipur, Chhattisgarh

¶180

Commandant 16th Batalian B/r Chhattisgarh Arms Force Narayan Pur Distt. Narayanpur C.G. , District : Narayanpur, Chhattisgarh

¶181

The Company Commander Unit Narayanpur 16th Batalian B/r C.G. Arms Force Narayanpur Distt. Narayanpur C.G. , District : Narayanpur, Chhattisgarh

¶182

---- Respondents

¶183

For Petitioners : Mr. A. N. Pandey, Advocate For Respondent : Mr. Atanu Ghosh, Deputy Government Advocate

¶184

Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board

¶185

07.08.2024

¶186

1. By way of these petitions, the petitioners have sought the following

¶187

relief(s):-

¶188

“10.1 That, the Hon'ble Court may kindly be pleased to set aside the impugned orders dt. 16.05.2014 & 22.5.2014 issued by the respondents no. 2 & 3 in respect of petitioners.

¶189

10.2 That, the Hon'ble Court may kindly be pleased to direct the respondent authorities to not take any coercive steps against the petitioners including stopping and recovery of the house allowances.

¶190

10.3 Any other reliefs may also be granted to the petitioners which this Hon'ble court deems fit and proper in the facts and circumstances of the case. ”

¶191

Learned counsel appearing for the petitioners submitted that the petitioners were initially appointed as Constables in the Police Department and were posted in the Naxal-affected areas. He further submitted that vide order dated 30.10.2004 respondent No. 1 issued a Circular and granted HRA @ 7% of basic salary to the Police employees who were posted in the Naxal-affected areas. He also submitted that vide orders dated 16.05.2014 & 22.05.2014, an order of recovery of HRA was issued by respondents No. 2 & 3 according to which, they are not entitled to get HRA. He further argued that the order passed by respondents No.2 & 3 are arbitrary, discriminatory,

¶192

mala-fide, and therefore, deserves to be quashed.

¶193

1. On the other hand, the learned counsel for the State would oppose. He

¶194

submitted that the petitioners had submitted a declaration before the

¶195

authorities to the effect that if any of the information is found false, the benefit may be withdrawn. He referred to the Circulars dated 19.04.2005, 05.09.2006 and 22.02.2010 in this regard.

¶196

1. I have heard learned counsel appearing for parties and perused the documents placed on the record.

¶197

1. Admittedly, the petitioners are Police Constables. At the relevant time, they were posted in the Naxal-affected areas. As a sufficient number of government accommodations were not available, the petitioners stayed in rented houses. A Circular was issued by the State Government on 30.10.2007, according to which the Police officials who are staying in rented houses would be entitled to get HRA. The petitioners were granted HRA by the department in the year 2011. This practice continued till 22.05.2014 and on that date, an order of recovery was issued by respondent No. 3.

¶198

1. The order granting the benefit of HRA to petitioners and other police officers was issued by the department itself and there was no misrepresentation on the part of petitioners. The benefit was extended according to the existing circulars; though a declaration was submitted by petitioners, in the absence of any rule concerning the submission of a declaration form, it would not be binding upon the petitioners.

¶199

1. Taking into consideration the fact that (i) the benefit of HRA was extended to the petitioners by the department itself; (ii) there was no misrepresentation on the part of the petitioners; (iii) the petitioners are

¶200

Class-III employees; and (iv) the order of recovery has been issued after 3 years, therefore it would iniquitous for them to refund the amounts. Thus, the orders dated 16.05.2014 & 22.05.2014 pertaining to the petitioners are hereby quashed .

¶201

1. If any amount as shown in the orders dated 16.05.2014 & 22.05.2014 has already been recovered, the same shall be refunded along with interest @ 8% p.a. to the petitioners within a period of three months from today.

¶202

1. Accordingly, all these petitions are allowed .

¶203

Sd/- (Rakesh Mohan Pandey) Judge

¶204

Nadim

¶205

Digitally signed by NADIM MOHLE

Sunil Singh Baghel And Ors. v. State Of Chhattisgarh And Ors.

Case brief

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Sunil Singh Baghel And Ors. v. State Of Chhattisgarh And Ors.

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