The Court issued a writ of mandamus directing the CISF to pay House Rent Allowance to a petitioner granted outdoor residence permission without official married accommodation, relying on coordinate bench judgments of this Court.
Writ of mandamus to pay HRA for period 22.05.2013 to 01.08.2015 within four months, with 8% interest if delayed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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PADVI ANITA BEN ..... Petitioner Through: Ms. Seema Sharma & Mr. Prashant Kumar, Advocates
versus
UNION OF INDIA & ANR. ..... Respondents Through: Mr. Prashant Varma, CGSC with Mr.Ganesh Baloni, Asst. Commdt., CISF
CORAM: HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MR. JUSTICE SUNIL GAUR
O R D E R
% 16.05.2016
Page 1 of 3
W.P.(C) 4429/2016
matter being W.P.(C) 5407/2015 entitled Avijit Das Vs. Union of India & Ors . , that were allowed by a Coordinate Bench vide Judgment dated 27th May, 2015. In the said petitions, the respondent No.2-CISF’s position was that since the petitioners had been provided with barrack accommodation but were later permitted to leave the said premises, they would not be entitled to claim HRA. Turning down the respondent’s plea and relying upon a decision of a Coordinate Bench of this Court in W.P.(C) 1712/2006 entitled Inspct./Exe Jaspal Singh Mann Vs. UOI & Ors. decided on 23rd May, 2008, the Division Bench had issued a writ of mandamus to the respondent-CISF that if no official accommodation was made available to the petitioners in the said case, then they would be paid HRA for the period for which outdoor residence permission was granted to them.
Page 2 of 3
W.P.(C) 4429/2016
case of Jamila Hassina (supra) and vide order dated 24th August, 2015, Special Leave Petition (Civil) 24592/2015 , has been dismissed, we are of the opinion that the principle of law raised in the said petitions has been conclusively decided and it should apply in rem to all similarly placed personnel in the CISF, including the petitioner herein.
HIMA KOHLI, J
SUNIL GAUR, J
MAY 16, 2016
r
Page 3 of 3
W.P.(C) 4429/2016
2 issues framed by the court
Whether House Rent Allowance is payable to a CISF member granted outdoor residence permission when no official married accommodation is provided.
Whether the principle of law from dismissed Special Leave Petitions applies in rem to similarly placed CISF personnel.
Colour shows how this judgement treated each authority
Avijit Das Vs. Union of India & Ors.Referred¶13
W.P.(C) 5407/2015 entitled Avijit Das Vs. Union of India & Ors.
Inspct./Exe Jaspal Singh Mann Vs. UOI & Ors.Relied on¶13
W.P.(C) 1712/2006 entitled Inspct./Exe Jaspal Singh Mann Vs. UOI & Ors.
Jamila Hassina Vs. Union of India & Ors.Followed¶14
W.P.(C) 3340/2015 entitled Jamila Hassina Vs. Union of India & Ors.
Padvi Anita Ben
Union of India
Hima Kohli
Sunil Gaur
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
