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2017 DAILYLAW 832 (CHH)

Omprakash Bhaskar v. State Of Chhattisgarh

WPS/5008/2017 · 2026-05-11

Shri Rakesh Mohan Pandey

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Judgment text

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1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5008 of 2017 1 - Omprakash Bhaskar S/o Late Shri Dukaliram, Aged About 38 Years Post A.P.C. 9th Battalion, C.G. Armed Forces Dantewada, D-Company Ranibodli, P.S. Kutru District Bijapur, Chhattisgarh, Mo. 9406109463, Chhattisgarh ... Petitioner versus 1 - State Of Chhattisgarh Through Home Department Mahanadi Bhavan, New Raipur, District Raipur, Chhattisgarh, Chhattisgarh 2 - State Of Chhattisgarh Through Finance Department Mahanadi Bhavan, New Raipur, District Raipur, Chhattisgarh, District : Raipur, Chhattisgarh 3 - Director General Of Police, Police Headquarter Chhattisgarh Raipur, District Raipur, Chhattisgarh, District : Raipur, Chhattisgarh 4 - Commandant Dantewada, 9th Batalian, C.G.Armed Forces Dantewada, District Dantewada, Chhattisgarh, District : Dantewada, Chhattisgarh 5 - Company Commander Dantewada, 9th Batalian, C.G.Armed Forces Karli Dantewada, District Dantewada, Chhattisgarh, District : Dantewada, Chhattisgarh ---- Respondents For Petitioner : Mr. Vijay K. Deshmukh, Advocate along with Ms. Tejashvi Mandavi, Advocate For State : Mr. Kawaljeet Singh Saini, Dy. G.A. Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 12.05.2026 1. The petitioner has filed this petition seeking the following relief(s):- “10.1 To call for the entire records of the writ petition for kind perusal of this Hon'ble court. 10.2 That the Respondent No R/4 the Commandant may be directed to consider and allow the petitioner's application case as per the law and circulars issued by REKHA SINGH -2- the respondents and balance arrears with interest of rental allowance may be paid. 10.3 That this Hon'ble Court may kindly be pleased to issue suitable writ to set-aside the impugn order dated 07/07/2017, ΑΝNEXURE P/3 passed the respondent R/4 the Commandant. 10.4 Any other relief may also be granted to the petitioner which this Hon'ble court feels fit in the facts and circumstances of the case. 10.5 Cost of the petition be allowed.” 2. The facts in brief are that the petitioner is posted as Assistant Platoon Commander, APC 9th Battalion, C.G. Armed Forces Dantewada, D-Company Ranibodli, P.S. Kutru, District Bijapur (C.G.). The petitioner moved an application before respondent No.3 for grant of House Rent Allowance on 15.02.2016 in the light of Circular dated 16.05.2014. The application so moved by the petitioner has been rejected by respondent No.4 vide order dated 07.07.2017 on the ground that as per the Circular dated 16.05.2014, the petitioner is not eligible and entitled to get House Rent Allowance and at the same time, he may move application in proper proforma seeking permission to keep family. 3. Learned counsel appearing for the petitioner would submit that pursuant to liberty granted by the authority in the order dated 07.07.2017, the petitioner moved an application in proper proforma seeking permission to keep his family at work place but same has not been considered and decided yet. He would pray that a direction may be issued to respondent No.4 to decide pending application expeditiously strictly in accordance with the Circular dated 16.05.2014. 3 4. On the other hand, Mr. Saini, learned Deputy Government Advocate appearing for the State would oppose the submissions made by Mr. Deshmukh. He would submit that according to the Circular dated 16.05.2014, the petitioner is not entitled to claim House Rent Allowance. He would contend that if the petitioner has moved an application in proper proforma, same would be considered by the competent authority strictly in accordance with the Circular dated 16.05.2014. 5. Heard the learned counsel appearing for the parties and perused the documents placed on record. 6. Taking into consideration the dispute involved in the present case, this petition, at this juncture, is disposed of reserving liberty in favour of the petitioner to submit a fresh application in proper proforma prescribed in Circular dated 16.05.2014 before respondent No.4 within a period of 30 days from today and in turn, the said authority is directed to consider and decide it strictly in light of the Circular dated 16.05.2014 preferably within a period of further 90 days from the date of receipt of a copy of this order. 7. With the aforesaid observation(s)/direction(s), the present petition is disposed of. Sd/- (Rakesh Mohan Pandey) Judge Rekha