Disposed

Narendra Yadav v. State Of Chhattisgarh

Chhattisgarh HC2 Oct 2024WPS/873/2016

Case brief

AI extract

What is this about?

Police personnel challenged a recovery order of HRA paid to them. The court disposed of the writ petition in terms of its earlier decision in Halber Singh, holding recovery iniquitous since HRA was extended by the department, no misrepresentation occurred, and the order came after three years.

What did the court decide?

Order dated 16.05.2014 pertaining to the petitioners quashed; writ petition disposed of in terms of Halber Singh (supra).

Narendra Yadav Vs State Of Chhattisgarh — Service and Employment | Chhattisgarh HC (2024)

1 / 11

2024:CGHC:39147

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

¶5

WPS No. 873 of 2016

¶6

1 - Narendra Yadav S/o Late Rampratap Singh Aged About 44 Years Presently Working On The Post Of P.C. Special Task Force Baghera Distt Durg Chhattisgarh,

¶7

2 - Uday Pratap Singh S/o Late Suryapratap Singh Aged About 41 Years Presently Working On The Post Of Head Constable Batch No. 726 16th Battalian Special Task Force Baghera Distt Durg Chhattisgarh, District : Durg, Chhattisgarh

¶8

3 - Banshidhar Yadav S/o Late Jhilu Pandey Aged About 52 Years Presently Working On The Post Of Constable Batch No. 688 Special Task Force Baghera Distt Durg Chhattisgarh, District : Durg, Chhattisgarh

¶9

4 - Jaikaran Prajapati S/o Late Devidhar Prajapati Aged About 43 Years Presently Working On The Post Of Assistant Platoon Commander Special Task Force Baghera Distt Durg Chhattisgarh, District : Durg, Chhattisgarh

¶10

5 - Harendra Sahu S/o Shri G.P. Sahu Aged About 35 Years Presently Working On The Post Of Head Constable Batch No. 1030 Special Task Force Baghera Distt Durg Chhattisgarh, District : Durg, Chhattisgarh

¶11

6 - Shailendra Singh S/o Shri Gupteshwar Singh Aged About 37 Years Presently Working On The Post Of A.P.C. Special Task Force Baghera Distt Durg Chhattisgarh, District : Durg, Chhattisgarh

¶12

ASHUTOSH MISHRA

¶13

Digitally signed by ASHUTOSH MISHRA Date: 2024.10.04 10:55:03 +0530

¶14

2 / 11

¶15

7 - Praveen Singh Tomar S/o Shri Chhote Singh Aged About 37 Years Presently Working On The Post Of Head Constable Trade Batch No. 1162 Special Task Force Baghera Distt Durg Chhattisgarh, District : Durg, Chhattisgarh

¶16

8 - Bhupendra Singh S/o Shri Rajbali Singh Aged About 37 Years Presently Working On The Post Of Head Constable Batch No. 332 Special Task Force Baghera Distt Durg Chhattisgarh, District : Durg, Chhattisgarh

¶17

9 - Baiga Ram S/o Shri Tulsai Ram Aged About 39 Years Presently Working On The Post Of Head Batch No. 632 Special Task Force Baghera Distt Durg Chhattisgarh, District : Durg, Chhattisgarh

¶18

10 - Mohan Lal Sahu S/o Shri Yogi Ram Aged About 26 Years Presently Working On The Post Of Head Constable Nursing Batch No. 1209 Special Task Force Baghera Distt Durg Chhattisgarh, District : Durg, Chhattisgarh

¶19

11 - Bhupendra Deshmukh S/o Shri Bala Ram Presently Working On The Post Of Constable Batch No. 1509 Special Task Force Baghera Distt Durg Chhattisgarh

¶20

12 - Thaneshwar Prasad Sahu S/o Uday Pratap Aged About 31 Years Presently Working On The Post Of A.P.C. Nursing 1st Batalion Special Task Force Bhilai Distt Durg Chhattisgarh, District : Durg, Chhattisgarh 13 - Munej Sori S/o. Shri Sarkar Singh Aged About 32 Years Presently Working On The Post Of Constable Batch No. 460 Special Task Force Baghera Distt Durg Chhattisgarh, District : Durg, Chhattisgarh

¶21

14 - Jai Singh Kashyap S/o Shri Balsai Aged About 34 Years Presently Working On The Post Of Constable Mt Batch No. 640 Special Task Force Baghera Distt Durg Chhattisgarh, District : Durg, Chhattisgarh

¶22

15 - Shesh Kumar S/o Shri Anand Ram Aged About 30 Years Presently

¶23

3 / 11

¶24

Working On The Post Of Head Constable Batch No. 157 Special Task Force Baghera Distt Durg Chhattisgarh, District : Durg, Chhattisgarh

¶25

16 - Krishna Singh S/o Shri Rambabu Singh Aged About 35 Years Presently Working On The Post Of Head Constable Mt Batch No. 497 Special Task Force Baghera Distt Durg Chhattisgarh, District : Durg, Chhattisgarh

¶26

17 - Balmat Singh S/o Late Mandhar Singh Aged About 54 Years Presently Working On The Post Of A.S.I. Arms Special Task Force Baghera Distt Durg Chhattisgarh, District : Durg, Chhattisgarh

¶27

18 - Dinesh Patel S/o Shri Ramkishor Patel Aged About 35 Years Presently Working On The Post Of Head Constable Batch No. 744 Special Task Force Baghera Distt Durg Chhattisgarh, District : Durg, Chhattisgarh

¶28

19 - Corneliyus Toppo S/o Shri Luscius Toppo Aged About 38 Years Presently Working On The Post Of A.P.C. Special Task Force Baghera Distt Durg Chhattisgarh, District : Durg, Chhattisgarh

¶29

20 - Vinod Saxena S/o Shri Laxmi Ram Aged About 31 Years Presently Working On The Post Of Head Constable Batch No. 50 Special Task Force Baghera Distt Durg Chhattisgarh, District : Durg, Chhattisgarh

¶30

21 - P.D. Ashok S/o Late K.K. Devkaran Aged About 56 Years Presently Working On The Post Of A.S.I. Mt Special Task Force Baghera Distt Durg Chhattisgarh, District : Durg, Chhattisgarh

¶31

22 - Sita Ram Rathor S/o Shri Giridhari Aged About 28 Years Presently Working On The Post Of Constable Batch No. 1261 Special Task Force Baghera Distt Durg Chhattisgarh, District : Durg, Chhattisgarh

¶32

23 - Sandeep Singh S/o Shri Dinesh Singh Aged About 30 Years Presently Working On The Post Of Constable Batch No. 481 Special Task Force Baghera

¶33

4 / 11

¶34

Distt Durg Chhattisgarh, District : Durg, Chhattisgarh

¶35

24 - Ramprasad Sahu S/o Shri Late Ramdin Sahu Aged About 45 Years Presently Working On The Post Of Head Constable Batch No. 782 Special Task Force Baghera Distt Durg Chhattisgarh, District : Durg, Chhattisgarh

¶36

25 - Jayant Paikara S/o Shri Ramprasad Aged About 38 Years Presently Working On The Post Of Head Constable Batch No. 800 Special Task Force Baghera Distt Durg Chhattisgarh, District : Durg, Chhattisgarh

¶37

26 - Kekchand Deshmukh S/o Shri Narayan Prasad Aged About 26 Years Presently Working On The Post Of Constable Batch No. 26 Special Task Force Baghera Distt Durg Chhattisgarh, District : Durg, Chhattisgarh

¶38

27 - Kishor Xaxa S/o Shri Jawakim Xaxa Aged About 39 Years Presently Working On The Post Of Head Constable Batch No. 792 Special Task Force Baghera Distt Durg Chhattisgarh, District : Durg, Chhattisgarh

¶39

28 - Surendra Sanmani S/o Late Harihar Sanmani Aged About 43 Years Presently Working On The Post Of Head Constable Batch No. 837 Special Task Force Baghera Distt Durg Chhattisgarh, District : Durg, Chhattisgarh

¶40

29 - Ajay Yadav S/o Shri Mahanand Yadav Aged About 30 Years Presently Working On The Post Of Constable Batch No. 134 Special Task Force Baghera Distt Durg Chhattisgarh, District : Durg, Chhattisgarh

¶41

30 - Ramesh Ojha S/o Late Vidya Ram Aged About 50 Years Presently Working On The Post Of Constable Mt. Batch No. 1038 Special Task Force Baghera Distt Durg Chhattisgarh, District : Durg, Chhattisgarh

¶42

31 - Kamal Narayan Sahu S/o Shri T.L. Sahu Aged About 30 Years Presently Working On The Post Of Head Constable Batch No. 938 Special Task Force Baghera Distt Durg Chhattisgarh, District : Durg, Chhattisgarh

¶43

5 / 11

¶44

32 - Ajit Singh S/o Shri Harishankar Singh Aged About 27 Years Presently Working On The Post Of Constable Mt. Batch No. 1052 Special Task Force Baghera Distt Durg Chhattisgarh, District : Durg, Chhattisgarh

¶45

33 - Laxman Singh Thakur S/o Shri Khorbahara Ram Aged About 33 Years Presently Working On The Post Of Head Constable Batch No. 178 Special Task Force Baghera Distt Durg Chhattisgarh, District : Durg, Chhattisgarh

¶46

34 - Kiran Kumar Rathor S/o Shri Bharat Lal Aged About 38 Years Presently Working On The Post Of A.P.C. Special Task Force Baghera Distt Durg Chhattisgarh, District : Durg, Chhattisgarh

¶47

35 - Pukhraj Sahu S/o Shri Khedu Ram Aged About 35 Years Presently Working On The Post Of A.P.C. Special Task Force Baghera Distt Durg Chhattisgarh, District : Durg, Chhattisgarh 36 - Shyamnat Yadav S/o Shri Guddi Yadav Aged About 36 Years Presently Working On The Post Of A.P.C. Special Task Force Baghera Distt Durg Chhattisgarh, District : Durg, Chhattisgarh

¶48

37 - Dilip Wasnik S/o Shri Jashwant Lal Aged About 33 Years Presently Working On The Post Of A.P.C. Special Task Force Baghera Distt Durg Chhattisgarh, District : Durg, Chhattisgarh 38 - Rajendra Kujur S/o Shri Karam Ram Aged About 36 Years Presently Working On The Post Of A.P.C. Special Task Force Baghera Distt Durg Chhattisgarh, District : Durg, Chhattisgarh 39 - Ramvishal Manhare S/o Shri Bise Lal Aged About 39 Years Presently Working On The Post Of A.P.C. Special Task Force Baghera Distt Durg Chhattisgarh, District : Durg, Chhattisgarh

¶49

6 / 11

¶50

40 - Manish Bisht S/o Shri Jagpal Singh Aged About 30 Years Presently Working On The Post Of Head Constable Batch No. 607 Special Task Force Baghera Distt Durg Chhattisgarh, District : Durg, Chhattisgarh

¶51

41 - Vinay Kumar Maurya S/o Shri Vijay Pratap Aged About 22 Years Presently Working On The Post Of Constable Batch No. 3288 Special Task Force Baghera Distt Durg Chhattisgarh, District : Durg, Chhattisgarh

¶52

42 - Ajay Singh S/o Shri Ashok Singh Aged About 24 Years Presently Working On The Post Of Constable Batch No. 3288 Special Task Force Baghera Distt Durg Chhattisgarh, District : Durg, Chhattisgarh

¶53

43 - Sunil Dutt Yadav S/o Shri Bachha Singh Aged About 25 Years Presently Working On The Post Of Constable Batch No. 1400 Special Task Force Baghera Distt Durg Chhattisgarh, District : Durg, Chhattisgarh

¶54

44 - Mordhwaj S/o Shri Pooran Singh Aged About 23 Years Presently Working On The Post Of Constable Batch No. 343 Special Task Force Baghera Distt Durg Chhattisgarh, District : Durg, Chhattisgarh

¶55

45 - Jitendra Kumar S/o Shri Ishwari Prasad Aged About 33 Years Presently Working On The Post Of Constable Batch No. 970 Special Task Force Baghera Distt Durg Chhattisgarh, District : Durg, Chhattisgarh

¶56

46 - Vipul Kumar S/o Shri Dinesh Kumar Aged About 22 Years Presently Working On The Post Of Constable Batch No. 3284 Special Task Force Baghera Distt Durg Chhattisgarh, District : Durg, Chhattisgarh

¶57

47 - Sulabh Upadhyay S/o Shri Ashok Singh Aged About 23 Years Presently Working On The Post Of Constable Batch No. 1115 Special Task Force Baghera Distt Durg Chhattisgarh, District : Durg, Chhattisgarh

¶58

48 - Sachin Kumar Yadav S/o Shri Surendra Nath Yadav Aged About 24 Years

¶59

7 / 11

¶60

Presently Working On The Post Of Constable Batch No. 835 Special Task Force Baghera Distt Durg Chhattisgarh, District : Durg, Chhattisgarh

¶61

49 - Pramod Kumar S/o Shri Sonvir Yadav Aged About 25 Years Presently Working On The Post Of Constable Batch No. 3606 Special Task Force Baghera Distt Durg Chhattisgarh, District : Durg, Chhattisgarh

¶62

50 - Ranjeet Kumar S/o Shri Vikram Paswan Aged About 23 Years Presently Working On The Post Of Constable Batch No. 3290 Special Task Force Baghera Distt Durg Chhattisgarh, District : Durg, Chhattisgarh

¶63

51 - Sanjay Kumar S/o Shri Ramesh Singh Aged About 25 Years Presently Working On The Post Of Constable Batch No. 3606 Special Task Force Baghera Distt Durg Chhattisgarh, District : Durg, Chhattisgarh 52 - Mahesh Kumar Ekka S/o Shri Mathu Sai Aged About 28 Years Presently Working On The Post Of Constable Batch No. 1327 Special Task Force Baghera Distt Durg Chhattisgarh, District : Durg, Chhattisgarh

¶64

53 - Jagat Ram Kanwar S/o Shri Agnu Ram Aged About 31 Years Presently Working On The Post Of Constable Batch No. 717 Special Task Force Baghera Distt Durg Chhattisgarh, District : Durg, Chhattisgarh

¶65

54 - Devdhari Singh S/o Shri Agar Sai Aged About 30 Years Presently Working On The Post Of Constable Batch No. 768 Special Task Force Baghera Distt Durg Chhattisgarh, District : Durg, Chhattisgarh

¶66

55 - Akhilesh S/o Shri Loknath Aged About 25 Years Presently Working On The Post Of Constable Batch No. 1346 Special Task Force Baghera Distt Durg Chhattisgarh, District : Durg, Chhattisgarh

¶67

56 - Shri Naresh S/o Shri Rajvir Singh Aged About 28 Years Presently Working On The Post Of Constable Batch No. 3611 Special Task Force Baghera Distt

¶68

8 / 11

¶69

Durg Chhattisgarh, District : Durg, Chhattisgarh

¶70

57 - Pawan Singh S/o Shri Mahendra Singh Aged About 26 Years Presently Working On The Post Of Constable Batch No. 1404 Special Task Force Baghera Distt Durg Chhattisgarh, District : Durg, Chhattisgarh

¶71

58 - Anoj Yadav S/o Shri Komal Singh Aged About 24 Years Presently Working On The Post Of Constable Batch No. 3609 Special Task Force Baghera Distt Durg Chhattisgarh, District : Durg, Chhattisgarh

¶72

59 - Ramaram Swami S/o Shri Banwarilal Aged About 28 Years Presently Working On The Post Of Constable Batch No. 611 Special Task Force Baghera Distt Durg Chhattisgarh, District : Durg, Chhattisgarh

¶73

60 - Mahendra Kumar S/o Late Manbodh Aged About 27 Years Presently Working On The Post Of Head Constable Batch No. 422 Special Task Force Baghera Distt Durg Chhattisgarh, District : Durg, Chhattisgarh

¶74

61 - Satish Toppo S/o Shri Isdor Toppo Aged About 35 Years Presently Working On The Post Of Head Constable Batch No. 266 Special Task Force Baghera Distt Durg Chhattisgarh, District : Durg, Chhattisgarh

¶75

62 - Lalit Nareti S/o Late Rameram Aged About 30 Years Presently Working On The Post Of Constable Batch No. 65 Special Task Force Baghera Distt Durg Chhattisgarh, District : Durg, Chhattisgarh

¶76

63 - Jitendra Chaturvedi S/o Shri Rakesh Chaturvedi Aged About 31 Years Presently Working On The Post Of Constable Batch No. 223 Special Task Force Baghera Distt Durg Chhattisgarh, District : Durg, Chhattisgarh

¶77

64 - Kuldeep Singh S/o Shri Rakshpal Singh Aged About 31 Years Presently Working On The Post Of Constable Batch No. 142 Special Task Force Baghera Distt Durg Chhattisgarh, District : Durg, Chhattisgarh

¶78

9 / 11

¶79

65 - Praveen Xaxa S/o Shri Firun Xaxa Aged About 34 Years Presently Working On The Post Of Head Constable Batch No. 500 Special Task Force Baghera Distt Durg Chhattisgarh, District : Durg, Chhattisgarh

¶80

66 - Virendra Yadav S/o Shri Ramsakal Yadav, Aged About 46 Years Presently Working On The Post Of A.P.C. 5th B N C A F Jagdalpur Chhattisgarh, District Bastar (Jagdalpur), Chhattisgarh

¶81

67 - Ravikant Yadav S/o Shri Sharman Saingh Aged About 26 Years Presently Working On The Post Of Constable Radio Batch No. 1424 Special Task Force Baghera Distt Durg Chhattisgarh, District : Durg, Chhattisgarh

¶82

68 - Sanjeet Kujur S/o Shri Baleshwar Kujur Aged About 27 Years Presently Working On The Post Of Constable Batch No. 3044 Special Task Force Baghera Distt Durg Chhattisgarh, District : Durg, Chhattisgarh

¶83

69 - Santosh Diwedi S/o Shri Ramlal Aged About 28 Years Presently Working On The Post Of Constable Mt. Batch No. 307 Special Task Force Baghera Distt Durg Chhattisgarh, District : Durg, Chhattisgarh

¶84

70 - Pradeep Patel S/o Shri Benu Ram Aged About 40 Years Presently Working On The Post Of A P C Special Task Force Baghera Distt Durg Chhattisgarh, District : Durg, Chhattisgarh

¶85

... Petitioners

¶86

versus

¶87

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

¶88

2 - The Director General Of Police, Police Head Quarter Raipur Distt Raipur Chhattisgarh

¶89

10 / 11

¶90

3 - The Deputy Inspector General Of Police, Special Task Force Baghera Distt Durg Chhattisgarh

¶91

4 - The Superintendent Of Police Special Task Force Baghera Distt Durg Chhattisgarh

¶92

... Respondents

¶93

{Cause-title is taken from CIS Software}

¶94

For Petitioners : Shri A.N. Pandey, Advocate For Respondents/State : Shri Devesh G. Kela, Panel Lawyer

¶95

(Hon'ble Shri Justice Goutam Bhaduri)

¶96

Order on Board

¶97

03/10/2024

¶98

At the very outset, learned counsel appearing for the petitioner would submit that the issue involved in the present writ petition has already been considered and decided by the co-ordinate Bench of this Court in batch of writ petitions in WPS No.1211 of 2016 (Halber Singh & ors. Vs. State of Chhattisgarh & ors.) and other connected matters, therefore, this writ petition may be disposed of in terms of Halber Singh ( supra ) and the similar facts are involved in this case.

¶99

Not opposed by the State Counsel.

¶100

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 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.

¶101

11 / 11

¶102

Thus, the order dated 16.05.2014 pertaining to the petitioners is hereby quashed.

¶103

Accordingly, the present writ petition is disposed of in terms of the order passed by this Court in Halber Singh ( supra ).

¶104

A copy of the order passed in Halber Singh (supra) be placed in the record of the present writ petition.

¶105

SD/-

¶106

( Goutam Bhaduri ) JUDGE

¶107

ashu

Narendra Yadav v. State Of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Narendra Yadav v. State Of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Ramesh Kumar Agrawal , Vs the State of Chhattisgarh

G.S. Mandavi Vs State of Chhattisgarh

Ramlal Vs State Of Chhattisgarh

Kumesh Thakur Vs State Of Chhattisgarh

Mohd. Abrar Khan Vs Staff Selection Commission

K. M. Bokade Vs Union Bank of India