Allowed¶68

Rambandan Yadav v. State of Chhattisgarh

Chhattisgarh HC5 Feb 2025WPS/950/2025

Case brief

AI extract

What is this about?

HRA recovery quashed; House Rent Allowance; police Constables and Head Constable, 16th Battalion Chhattisgarh Arms Force, Narayanpur; posting in Naxal-affected areas; recovery on ground of non-residency in Chhattisgarh; Circular dated 30.10.2004 granting HRA @ 7% of basic salary; parity with WPS No. 3432/2014 (Sanjay Pratap Singh vs. State of Chhattisgarh), order dated 30.07.2024; inordinate delay objection; recurring relief; Annexure P-1 order dated 22.05.2014 by Commandant; writ petition allowed.

What did the court decide?

Order dated 22.05.2014 (Annexure P-1) issued by respondent No. 3 in respect of the present petitioners is quashed; writ petition allowed. ¶68

Rambandan Yadav Vs State of Chhattisgarh — Chhattisgarh HC (2025) — LawSathi Research

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Digitally signed by RAGHVENDRA JAT

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2025:CGHC:6819

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPS No. 950 of 2025

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1 - Rambandan Yadav S/o Shri Raghunandan Yadav Aged About 57 Years Presently Working On The Post Of A P C Constable No. Shri, 16th Battalion B/r Chhattisgarh Arms Force Narayanpur, District Narayanpur, C.G.

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2 - Brijesh Kumar S/o Shri Keshav Saroj Aged About 38 Years Presently Working On The Post Of Constable Batch No. 43, 16th Battalion B/r Chhattisgarh Arms Force Narayanpur, District Narayanpur, C.G.

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3 - Jitendra Kumar Singh S/o Shri Teerthnath Singh Aged About 35 Years Presently Working On The Post Of Constable Batch No. 63, 16th Battalion B/r Chhattisgarh Arms Force Narayanpur, District Narayanpur, C.G.

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4 - Sonu Yadav S/o Shri Parasnath Aged About 35 Years Presently Working On The Post Of Constable Batch No. 79, 16th Battalion B/r Chhattisgarh Arms Force Narayanpur, District Narayanpur, C.G.

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5 - Nitesh Kumar Singh S/o Shri Bikrama Singh Aged About 37 Years

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Presently Working On The Post Of Constable Batch No.121, 16th Battalion B/r Chhattisgarh Arms Force Narayanpur, District Narayanpur, C.G.

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6 - Arun Kumar Singh S/o Shri Amarnath Singh Aged About 37 Years Presently Working On The Post Of Constable Batch No.125, 16th Battalion B/r Chhattisgarh Arms Force Narayanpur, District Narayanpur, C.G.

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7 - Pramod Mishra S/o Shri Arun Mishra Aged About 36 Years Presently Working On The Post Of Constable Batch No. 283, 16th Battalion B/r Chhattisgarh Arms Force Narayanpur, District Narayanpur, C.G.

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8 - Alok Prakash Bhatt S/o Shri Lalji Ram Aged About 40 Years Presently Working On The Post Of Constable Batch No. 301, 16th Battalion B/r Chhattisgarh Arms Force Narayanpur, District Narayanpur, C.G.

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9 - Ravindra Yadav S/o Shri Basawan Yadav Aged About 37 Years Presently Working On The Post Of Constable Batch No. 337, 16th Battalion B/r Chhattisgarh Arms Force Narayanpur, District Narayanpur, C.G.

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10 - Kavaldeep Kushwaha S/o Shri Heera Singh Aged About 34 Years Presently Working On The Post Of Constable Batch No. 387, 16th Battalion B/r Chhattisgarh Arms Force Narayanpur, District Narayanpur, C.G.

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11 - Rahul Kumar S/o Shri Omprakash Aged About 36 Years Presently Working On The Post Of Constable Batch No. 398, 16th Battalion B/r

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Chhattisgarh Arms Force Narayanpur, District Narayanpur, C.G.

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12 - Shashikant Yadav S/o Shri Sudarshan Yadav Aged About 35 Years Presently Working On The Post Of Constable Batch No. 428, 16th Battalion B/r Chhattisgarh Arms Force Narayanpur, District Narayanpur, C.G.

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13 - Ravindra Yadav S/o Shri Aniruddh Yadav Aged About 35 Years Presently Working On The Post Of Constable Batch No. 443, 16th Battalion B/r Chhattisgarh Arms Force Narayanpur, District Narayanpur, C.G.

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14 - Sugriv Yadav S/o Shri Kishore Yadav Aged About 37 Years Presently Working On The Post Of Constable Batch No. 497, 16th Battalion B/r Chhattisgarh Arms Force Narayanpur, District Narayanpur, C.G.

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15 - Durgesh Yadav S/o Shri Rajendra Yadav Aged About 33 Years Presently Working On The Post Of Constable Batch No. 514, 16th Battalion B/r Chhattisgarh Arms Force Narayanpur, District Narayanpur, C.G.

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16 - Pankaj Kumar Yadav S/o Shri Dhoopnarayan Yadav Aged About 34 Years Presently Working On The Post Of Constable Batch No. 620, 16th Battalion B/r Chhattisgarh Arms Force Narayanpur, District Narayanpur, C.G.

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17 - Sandeep Kumar Singh S/o Shri Suryadev Singh Aged About 33 Years Presently Working On The Post Of Constable Batch No. 628, 16th Battalion B/r Chhattisgarh Arms Force Narayanpur, District Narayanpur, C.G.

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18 - Asgar Ali S/o Shri Mohd. Anvar Ali Aged About 36 Years Presently Working On The Post Of Constable (Driver) Batch No. 649, 16th Battalion B/r Chhattisgarh Arms Force Narayanpur, District Narayanpur, C.G.

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19 - Abhimanyu Singh S/o Shri Pramod Singh Aged About 41 Years Presently Working On The Post Of Constable (Driver) Batch No. 656, 16th Battalion B/r Chhattisgarh Arms Force Narayanpur, District Narayanpur, C.G.

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20 - Bhavunendra Singh Gaur S/o Shri Rajendra Singh Aged About 37 Years Presently Working On The Post Of Constable (Telecom) Batch No. 843, 16th Battalion B/r Chhattisgarh Arms Force Narayanpur, District Narayanpur, C.G.

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21 - Premsagar Gupta S/o Shri Ramashish Gupta Aged About 33 Years Presently Working On The Post Of Constable (Telecom) Batch No. 864, 16th Battalion B/r Chhattisgarh Arms Force Narayanpur, District Narayanpur, C.G.

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22 - Rohit Kharwar S/o Lalji Kharwar Aged About 34 Years Presently Working On The Post Of Constable (Telecom) Batch No. 849 16th Battalion B/r Chhattisgarh Arms Force Narayanpur, District Narayanpur, C.G.

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23 - Sudhindra Sikarwar S/o Shri Hawaldar Singh Aged About 46 Years Presently Working On The Post Of Head Constable Batch No. 791, 16th Battalion B/r Chhattisgarh Arms Force Narayanpur, District Narayanpur, C.G.

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24 - Sushil Kumar S/o Purshottam Aged About 37 Years Presently Working On The Post Of Constable Batch No. 394, Chhattisgarh Arms Force Narayanpur, District Narayanpur, C.G.

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25 - Dhanjeet Singh S/o Bindeshwari Singh Aged About 37 Years Presently Working On The Post Of Constable Batch No. 28, 16th Battalion B/r Chhattisgarh Arms Force Narayanpur, District Narayanpur, C.G.

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... Petitioner(s)

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versus

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1 - State Of Chhattisgarh Through The Secretary, Department Of Home, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District Raipur, C.G.

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2 - The Director General Of Police Police Headquarter Raipur, DistrictRaipur, C.G.

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3 - The Commandant 16th Battalion (B/r) Chhattisgarh Arms Force Narayanpur, District Narayanpur, C.G.

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4 - The Company Commander Unit Narayanpur 16 Battalion (B/r) Chhattisgarh Arms Force Narayanpur, District Narayanpur, C.G.

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... Respondent(s)

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For Petitioner(s) : Mr. Akash Pandey, Advocate. For Respondent(s)/ State : Ms. Akanksha Verma, Panel Lawyer.

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Hon’ble Mr. Justice Amitendra Kishore Prasad

Order on Board

06/02/2025

The petitioners have filed this petition for following reliefs:-

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“10.1 That this Hon'ble Court may kindly be pleased to set aside the impugned order dated 22.05.14 (Annexure P-1) issued by the respondent no.3 in respect of petitioners.

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

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10.3 Any other relief, which may be deemed fit and proper in the facts and circumstances of the case, may also be allowed.”

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Learned counsel for the petitioners submits 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 order dated 22.05.2014, an order of recovery of HRA was issued by respondent No. 3 on the ground that the petitioners are not the residents of the State of Chhattisgarh, therefore they are not entitled to get HRA. He

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further argued that the order passed by respondent No. 3 is arbitrary, discriminatory, mala-fide and therefore, deserves to be quashed. He further submits that in the identical petition bearing WPS No.3432/2014, order has been passed granting relief as prayed for by the petitioners herein, therefore, the present petition may also be allowed in terms of the said order.

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The said fact has not been disputed by the learned State counsel, however, she submits that the petition has been filed after an inordinate delay, upon which, learned counsel for the petitioner submits that it is a recurring relief in which the delay would not be applicable.

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I have heard learned counsel for the parties and perused the material available on record.

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In the identical matter bearing WPS No. 3432/2014 (Sanjay Pratap Singh and others vs. State of Chhattisgarh and others), the Co-ordinate Bench of this Court, vide order dated 30.07.2024, has passed the order and the relevant para of the said order is quoted hereinbelow:-

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“5. 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

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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.

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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.

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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. Thus, the order dated 22.05.2014 (Annexure P/1) pertaining to the petitioners is hereby quashed.”

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After considering the petition as well as the order passed by the Co-ordinate Bench of this Court, I am of the opinion that the present petition is liable to be allowed in terms of WPS No.3432/2014 which has been allowed vide order dated 30.07.2024.

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Accordingly order dated 22.05.2014 in respect of present

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petitioners is hereby quashed and the writ petition is allowed.

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Sd/(Amitendra Kishore Prasad) Judge

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Raghu Jat

Rambandan Yadav v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Rambandan Yadav v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

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