Jaidev Kesri, Dig Jamshedpur Range-Jsr Vs Union of India & Ors. — Delhi HC (2025) — LawSathi Research

Jaidev Kesri, Dig Jamshedpur Range-Jsr Vs Union of India & Ors. — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether Rule 43 of the Central Government General Pool Residential Accommodation Rules, 2017, restricting retention of GPRA at the last place of posting in the case of posting in a non-family station/extreme hard area/hard areas to a maximum of 3 years, is ultra vires Part III of the Constitution of India, 1950 and violative of Articles 14, 19 and 21. +2 more

Ratio / Principle

The issues raised in the present petition have already been decided by this Court in its Judgment dated 01.07.2025 passed in a batch of writ petitions including W.P.(C) 7486/2021, titled Inspector Min Gajendra Kumar v. Union of India & Ors. (Neutral Citation 2025:DHC:5076-DB), whereby those petitions were dismissed; no fresh adjudication of the validity of Rule 43 or of the impugned notices was undertaken in this order.

Key takeaways

Following the earlier batch judgment, the Division Bench found no merit in the present petition and dismissed it; the pending application was disposed of as having been rendered infructuous.ratio¶19

Detailed headnote1 paragraphs

Delhi High Court (Division Bench of Navin Chawla and Renu Bhatnagar, JJ.), order dated 03.07.2025 in W.P.(C) 8305/2025 — Jaidev Kesri, DIG Jamshedpur Range-JSR v. Union of India & Ors.: The petitioner, inter alia, challenged Rule 43 of the Central Government General Pool Residential Accommodation Rules, 2017 (which caps retention of GPRA at the last place of posting at 3 years for postings in non-family stations/extreme hard areas/hard areas) as ultra vires Part III of the Constitution of India, 1950 and violative of Articles 14, 19 and 21, and sought quashing of the cancellation notice dated 13.08.2024 issued by Respondent No. 2 and of telescopic charges/damages levied from August 2024 via the E-Sampada portal, besides retention of GPRA accommodation in Delhi until residential accommodation was made available at his place of posting. Held: the issues raised stood already decided by the Court's judgment dated 01.07.2025 in a batch of writ petitions including W.P.(C) 7486/2021, Inspector Min Gajendra Kumar v. Union of India & Ors. (Neutral Citation 2025:DHC:5076-DB), whereby such petitions were dismissed. Finding no merit, the Bench dismissed the present petition and disposed of the pending application (CM APPL. 36118/2025) as infructuous; the exemption application (CM APPL. 36117/2025) was allowed subject to all just exceptions. Note: this order contains no independent adjudication of the validity of Rule 43 or the impugned notices; the substantive ruling resides in 2025:DHC:5076-DB.

$~62

IN THE HIGH COURT OF DELHI AT NEW DELHI

- W.P.(C) 8305/2025 JAIDEV KESRI, DIG JAMSHEDPUR RANGE-JSR

.....Petitioner Through: Ms.Smritikak Kesri, Adv.

versus

UNION OF INDIA & ORS. .....Respondents Through: Mr.Satya Ranjan Swain, SPC, Mr.Kautilya Birat, GP. Mr.Ajay Pal, Law Officer, Insp. Athurv, Mr.Ramniwas YadavCRPF

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MS. JUSTICE RENU BHATNAGAR O R D E R % 03.07.2025

CM APPL. 36117/2025 (Exemption)

Allowed, subject to all just exceptions.

W.P.(C) 8305/2025 & CM APPL. 36118/2025

This petition has been filed by the petitioner, inter alia, challenging Rule 43 of the Central Government General Pool Residential Accommodation Rules, 2017, and praying for the following reliefs:

“a) Set aside Rule 43 of Central Government General Pool Residential Accommodation Rules, 2017 as the same restricts the period of retention of GPRA at the last place of posting in case of posting in non-family station/extreme hard area/ hard areas to a maximum of 3 years as ultra vires part III of the constitution of India, 1950 as violative of

This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/07/2025 at 12:04:22

Article 14,19 and 21 of the constitution to the basics of provides relief to the employees and families disadvantage by the virtue of such; and/or

b) Quash/Set-aside the order of cancellation notice dated 13.08.2024 issued by the Respondent No. 2, as being arbitrary, excessive, unreasonable and against the principle of natural justice; and/or

c) Quash/Set-aside the order telescopic charges reflected on E-Sampada portal and order levying telescopic damages on the Petitioner commencing August 2024, as being arbitrary, excessive, unreasonable and against the principle of natural justice; and/or d) Allow the retention of GPRA accommodation in Delhi till such time the residential accommodation is made available at the place of his posting.”

The issues raised in the present petition have already been decided by this Court in its Judgment dated 01.07.2025, passed in a batch of writ petitions including W.P.(C) 7486/2021, titled Inspector Min Gajendra Kumar v. Union of India & Ors., (Neutral Citation 2025:DHC:5076-DB), whereby the said petitions were dismissed.

Accordingly, we find no merit in the present petition. The same is dismissed. The pending application is also disposed of as having been rendered infructuous.

NAVIN CHAWLA, J

RENU BHATNAGAR, J

JULY 3, 2025/Arya

Click here to check corrigendum, if any

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/07/2025 at 12:04:22