Allowed

Ponnekanti Vijaya v. Union of India & Anr.

Delhi HC22 Feb 2016W.P.(C)/1302/2016

Case brief

AI extract

What is this about?

This order addresses a writ petition by a CISF employee seeking arrears of House Rent Allowance (HRA). The Court directed the respondent to release HRA arrears for the period February 2013 to April 2015 within six weeks, citing a recent Ministry circular. Simple interest at 8% per annum is directed if payment is delayed.

What did the court decide?

CISF directed to release HRA arrears for Feb 2013 to April 2015 within six weeks; 8% simple interest if delayed.

Ponnekanti Vijaya Vs Union of India & Anr. — Pension and Retirement Benefits | Delhi HC (2016)

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$~5

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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W.P.(C) 1302/2016 & C.M. 5748/2016 PONNEKANTI VIJAYA ..... Petitioner Through: Mr. Seema Sharma and Mr. Yashvir Gahlot, Advocates

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versus

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UNION OF INDIA & ANR .....Respondents Through: Ms. Barkha Babbar, Advocate

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CORAM:

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HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MR. JUSTICE SUNIL GAUR

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O R D E R 22.02.2016

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The present petition has been filed by the petitioner praying inter alia for issuance of a writ of mandamus to the respondents, particularly the CISF, to pay him the arrears of House Rent Allowance (for short HRA) in lieu of family accommodation from 6^th June, 2013 to 30^th April, 2015, as specified in para No.10 of the present petition. However, the representation dated 29^th November, 2015, enclosed with the present petition and marked as Annexure P-5, mentions that the arrears of HRA claimed by the petitioner are from February, 2013 to April, 2015.

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Learned counsel for the petitioner submits that the present

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Page 1 of 3

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W.P.(C) 1302/2016

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case is squarely covered by the earlier judgments rendered on issue of release of HRA and the most recent one is dated 21^st January, 2016, pronounced in a batch of matters, lead matter registered as W.P.(C) No. 373/16, entitled “Yash Pal v Union of India and Another”. She also clarifies that the petitioner has been receiving HRA from the respondent-CISF w.e.f. May, 2015 and only the arrears of HRA are payable.

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Ms. Barkha Babbar, learned counsel for the respondents, states that upon receiving directions from the Ministry of Home Affairs, CISF has recently issued Circular No.1/2016, dated 1^st February, 2016, directing release of HRA where permission for outliving has been granted without HRA.

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In view of the fact that Circular No.1/2016 has clarified the position with regard to outliving permission without HRA, the respondent-CISF is directed to ensure that the arrears of HRA payable to the petitioner are released for the outstanding period w.e.f. February, 2013 to April, 2015 within a period of six weeks from today.

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If the amount is not released within the timeline noted above, then the respondent shall be liable to pay simple interest @ 8% per annum on the arrears of HRA payable to the petitioner, after expiry

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Page 2 of 3

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W.P.(C) 1302/2016

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of six weeks, till the date of payment.

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The present petition is disposed of along with the pending

application.

HIMA KOHLI, J

SUNIL GAUR, J

FEBRUARY 22, 2016

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Page 3 of 3

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W.P.(C) 1302/2016

Ponnekanti Vijaya v. Union of India & Anr.

Case brief

What is this about?

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Ponnekanti Vijaya v. Union of India & Anr.

Case brief

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