Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:1615
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 143 of 2025
1. Arvind Bisht S/o Shri Shankar Singh Bisht Aged About 46 Years Presently Working On The Post Of Head Constable Batch No. 770, 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 2. Shivprakash Pandey S/o Shri Rampravesh Pandey Aged About 33 Years Presently Working On The Post Of Constable Batch No. 434, 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 3. Vikas Rai S/o Shri Bodhnath Rai Aged About 34 Years Presently Working On The Post Of Constable Batch No. 306, 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 4. Rajiv Kumar S/o Shri Chavinath Ram Aged About 35 Years Presently Working On The Post Of Constable Batch No. 379, Digitally signed by RAGHVENDRA JAT
2 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 5. Dhirendra Yadav S/o Shri Vasudev Yadav Aged About 35 Years Presently Working On The Post Of Constable Batch No. 567, 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 6. Parvej Ali Shri Mustkeen Ali Aged About 39 Years Presently Working On The Post Of Constable Batch No. 297, 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 7. Vijay Kumar Shri Ashok Kumar Aged About 34 Years Presently Working On The Post Of Constable Batch No. 139, 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 8. Ramsavanre Pal S/o Shri Lalji Pal Aged About 35 Years Presently Working On The Post Of Constable Batch No. 472, 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 9. Pradeep Yadav S/o Shri Shahveer Singh Aged About 35 Years Presently Working On The Post Of Constable Batch No. 424, 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 3
10. Indrapal Singh S/o Shri Balakram Aged About 36 Years Presently Working On The Post Of Constable Batch No. 490, 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 11. Kuldeep Yadav S/o Shri Jaibeer Singh Aged About 33 Years Presently Working On The Post Of Constable Batch No. 343, 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 12. Narendra Yadav Shri Rajendra Yadav Aged About 35 Years Presently Working On The Post Of Constable Batch No. 473, 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 13.
Bhanu Yadav S/o Shri Indradev Yadav Aged About 33 Years Presently Working On The Post Of Constable Batch No. 300, 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 14. Vibhuti Narayan S/o Shri Kashinath Aged About 36 Years Presently Working On The Post Of Constable Batch No. 304, 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 15. Tulsi Ram Shri Girdhari Lal Aged About 35 Years Presently Working On The Post Of Constable Batch No. 383, 16th Battalion
4 I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 16. Preetam Singh Baghel S/o Shri Jainath Singh Baghel Aged About 38 Years Presently Working On The Post Of Constable Batch No. 416, 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 17. Nand Kishore Pal S/o Shri Shivshankar Pal Aged About 35 Years Presently Working On The Post Of Constable Batch No. 629, 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 18. Arun Kumar Singh S/o Shri Shivji Singh Aged About 35 Years Presently Working On The Post Of Constable Batch No. 215, 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 19. Vibhay Kumar S/o Shri Sunil Kumar Aged About 35 Years Presently Working On The Post Of Constable Batch No. 277, 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 20. Arvind Singh Tomar S/o Shri Rajendra Singh Tomar Aged About 35 Years Presently Working On The Post Of Constable Batch No. 436, 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 5
21. Makhan Singh Uikey S/o Shri Chandu Uikey Aged About 35 Years Presently Working On The Post Of Constable Batch No. 603, 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 22. Ramu Singh Baghel S/o Shri Baburam Baghel Aged About 35 Years Presently Working On The Post Of Constable Batch No. 470, 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 23.
Ashok Yadav S/o Shri Ram Bhavan Yadav Aged About 36 Years Presently Working On The Post Of Constable Batch No. 400, 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 24. Satendra Singh Yadav S/o Shri Sukhbeer Singh Aged About 37 Years Presently Working On The Post Of Constable Batch No. 4, 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 25. Ajay Kumar S/o Shri Virendra Singh Aged About 36 Years Presently Working On The Post Of Constable Batch No. 499, 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 26. Ajay Dandotiya S/o Shri Ramnivas Dantoditya Aged About 34 Years Presently Working On The Post Of Constable Batch No.
6 326, 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 27. Sunil Singh Yadav S/o Shri Sankata Yadav Aged About 34 Years Presently Working On The Post Of Constable Batch No. 419, 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 28. Sunil Kumar Yadav S/o Shri Hareram Yadav Aged About 35 Years Presently Working On The Post Of Constable Batch No. 582, 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 29. Ashok Pandre S/o Shri Tejlal Aged About 40 Years Presently Working On The Post Of Constable Batch No. 518, 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 30. Santosh Kumar S/o Shri Pakhandi Ram Aged About 35 Years Presently Working On The Post Of Constable Batch No. 59, 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 31. Prem Singh S/o Shri Parshuram Aged About 36 Years Presently Working On The Post Of Constable Batch No. 172, 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 7
32. Ramesh Kumar Yadav S/o Shri Lalan Yadav Aged About 38 Years Presently Working On The Post Of Constable Batch No. 585, 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 33.
Ajit Singh Yadav S/o Shri Ramjeet Yadav Aged About 34 Years Presently Working On The Post Of Constable Batch No. 630, 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 34. Vinod Kumar S/o Shri Shobharam Aged About 38 Years Presently Working On The Post Of Constable Batch No. 526, 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 35. Yugesh Bhagat Shri Morha Bhagat Aged About 35 Years Presently Working On The Post Of Constable Batch No. 187, 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 36. Abhishek Kumar Yadav S/o Shri Sohanlal Yadav Aged About 35 Years Presently Working On The Post Of Constable Batch No. 483, 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 37. Jaichand Kumar S/o Shri Harivansh Ram Aged About 37 Years Presently Working On The Post Of Constable Batch No. 594,
8 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 38. Deepak Kumar Bharti S/o Shri Shivmuni Ram Singh Aged About 36 Years Presently Working On The Post Of Constable Batch No. 452, 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 39. Badan Singh S/o Shri Jaishree Ram Aged About 36 Years Presently Working On The Post Of Constable Batch No. 37, 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 40. Haibran Singh S/o Shri Mohan Singh Aged About 38 Years Presently Working On The Post Of Constable Batch No. 569, 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 41. Rajkumar Singh S/o Shri Makradwaj Singh Aged About 33 Years Presently Working On The Post Of Constable Batch No. 621, 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 42. Sanjay Singh S/o Shri Kok Singh Aged About 35 Years Presently Working On The Post Of Constable Batch No. 205, 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 9
43.
Balveeer Singh S/o Shri Amar Singh Aged About 37 Years Presently Working On The Post Of Constable Batch No. 936, 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 44. Anil Kumar Singh Yadav S/o Shri Sukhram Singh Yadav Aged About 34 Years Presently Working On The Post Of Constable Batch No. 627, 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 45. Uchit Kumar S/o Shri Punitlal Rai Aged About 39 Years Presently Working On The Post Of Constable Batch No. 15, 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 46. Shivraj Choudhary S/o Shri Shahveer Singh Aged About 35 Years Presently Working On The Post Of Constable Batch No. 11, 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 47. Ravishankar S/o Shri Jagdish Aged About 36 Years Presently Working On The Post Of Constable Batch No. 530, 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 48. Jitendra Kumar Bind S/o Shri Ram Bind Aged About 40 Years Presently Working On The Post Of Constable Batch No. 40, 16th
10 Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 49. Vijendra Kumar S/o Shri Naubat Ram Aged About 40 Years Presently Working On The Post Of Constable Batch No. 491, 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 50. Santosh Kumar Yati S/o Shri Janardhan Yati Aged About 39 Years Presently Working On The Post Of Constable Batch No. 221, 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 51. Manoj Kumar S/o Ramsevak Aged About 39 Years Presently Working On The Post Of Constable Batch No. 169, 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 52. Nandlal Ram S/o Shri Kedar Ram Aged About 55 Years Presently Working On The Post Of Head Constable Batch No. 712, 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 53.
Sunil Kumar S/o Shri Buddu Aged About 41 Years Presently Working On The Post Of Constable Trade Batch No. 1068, 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 11
54. Abhimanyu Yadav S/o Shri Bikrama Yadav Aged About 37 Years Presently Working On The Post Of Constable Batch No. 608, 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 55. Amit Singh S/o Late Shri Shivram Singh Aged About 37 Years Presently Working On The Post Of Constable Batch No. 165, 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 56. Ranvijay Kumar Singh S/o Shri Ganpati Singh Aged About 38 Years Presently Working On The Post Of Constable Batch No. 122, 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 57. Arjun Yadav S/o Late Shri Radheshyam Yadav Aged About 39 Years Presently Working On The Post Of Constable Batch No. 439, 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 58. Durgvijay Yadav S/o Shri Teni Yadav Aged About 36 Years Presently Working On The Post Of Constable Batch No. 426, 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 59. Pappu Ram Rolad S/o Late Shri Bholu Ram Aged About 39 Years Presently Working On The Post Of Constable Batch No.
12 555, 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 60. Sunil Ram S/o Shri Veerbahadur Ram Aged About 35 Years Presently Working On The Post Of Constable Batch No. 513, 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 61. Dharmendra Rai S/o Late Shri Sahab Rai Aged About 34 Years Presently Working On The Post Of Constable Batch No. 287, 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 62. Yogesh Bharti S/o Late Shri Nirmal Ram Aged About 36 Years Presently Working On The Post Of Constable Batch No. 450, 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 63.
Ganesh Singh Yadav S/o Late Shri Krishndev Yadav Aged About 35 Years Presently Working On The Post Of Constable Batch No. 427, 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 64. Shankar Singh Yadav S/o Shri Faujdar Yadav Aged About 33 Years Presently Working On The Post Of Constable Batch No. 219, 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 13
65. Sunil Singh S/o Shri Santsharan Singh Aged About 40 Years Presently Working On The Post Of Constable Batch No. 360, 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 66. Rakesh Kumar S/o Late Shri Amochand Aged About 38 Years Presently Working On The Post Of Constable Batch No. 329, 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 67. Neeraj Kumar S/o Shri Ramswarup Singh Aged About 35 Years Presently Working On The Post Of Constable Batch No. 92, 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 68. Rajveer Singh S/o Shri Shivdayal Singh Aged About 34 Years Presently Working On The Post Of Constable Batch No. 100, 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 69. Shyamveer Singh S/o Shri Gandharv Singh Aged About 38 Years Presently Working On The Post Of Constable Batch No. 102, 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 70. Manjeet Singh S/o Shri Shaitan Singh Aged About 37 Years Presently Working On The Post Of Constable Batch No. 156,
14 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 71. Ravindra Singh S/o Shri Tejnarayan Singh Aged About 35 Years Presently Working On The Post Of Constable Batch No. 279, 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 72. Ramakant Ram S/o Shri Ramkrit Ram Aged About 39 Years Presently Working On The Post Of Constable Batch No. 446, 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 73.
Umesh Kujur S/o Shri Bramhari Kujur Aged About 36 Years Presently Working On The Post Of Constable Batch No. 465, 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 74. Kartar Singh S/o Shri Shivcharan Singh Aged About 35 Years Presently Working On The Post Of Constable Batch No. 549, 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 75. Ramnaresh Gurjar S/o Late Shri Babulal Aged About 37 Years Presently Working On The Post Of Constable Batch No. 565, 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 15
76. Harendra Singh S/o Late Shri Maheshchandra Aged About 36 Years Presently Working On The Post Of Constable Batch No. 445, 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 77. Chandrika Yadav S/o Shri Fagu Yadav Aged About 34 Years Presently Working On The Post Of Constable Batch No. 512, 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 78. Sonu Yadav S/o Shri Tara Singh Aged About 40 Years Presently Working On The Post Of Constable Batch No. 147, 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 79. Badam Singh S/o Shri Ramswarup Singh Aged About 38 Years Presently Working On The Post Of Constable Batch No. 128, 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 80. Nirbhay Narayan Singh S/o Shri Akshayvar Nath Singh Aged About 41 Years Presently Working On The Post Of Constable Batch No. 38, 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 81. Manoj Kumar S/o Shri Radheshyam Ram Aged About 35 Years Presently Working On The Post Of Constable Batch No. 109,
16 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 82. Guddu Thakur S/o Premnath Thakur Aged About 39 Years Presently Working On The Post Of Constable Trade Batch No. 1009, 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 83.
Pankaj Yadav S/o Shri Dwarika Singh Aged About 39 Years Presently Working On The Post Of Constable Batch No. 384, 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 84. Dinesh Kumar S/o Shri Jagannath Yadav Aged About 38 Years Presently Working On The Post Of Constable Batch No. 83, 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 85. Shyambabu Singh S/o Late Shri Lal Singh Aged About 37 Years Presently Working On The Post Of Constable Batch No. 282, 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 86. Shyamveer Singh S/o Shri Laxman Singh Aged About 35 Years Presently Working On The Post Of Constable Batch No. 475, 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 17
87. Surendra Tiwari S/o Shri Rammilai Tiwari Aged About 41 Years Presently Working On The Post Of Constable Batch No. 407, 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.)
... Petitioner(s) versus
1. State of Chhattisgarh Through The Secretary, Department Of Home, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District Raipur, (C.G.). 2. The Director General Of Police Police Headquarter Raipur, District Raipur (C.G.). 3. The Commandant 16th Battalion (I/r) Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 4. The Company Commander Unit Narayanpur, 16th Battalion (I/r) Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). ... Respondent(s) For Petitioner : Mr. Akash Pandey, Advocate. For Respondent/State : Ms. Shailja Shukla, Dy. G.A.
Hon’ble Mr. Justice Amitendra Kishore Prasad
Order on Board
18 10/01/2025
1. Heard on I.A. No. 02/2024, which is an application for exemption from filing type copy of annexures. 2. Learned counsel for the petitioner submits that the documents filed as annexures along with the petition are not readable, therefore, they may be exempted from filing of type copy of annexures. 3. The documents are not readable. 4. In view of above, I am not inclined to allow I.A. No. 02/2024. Hence, I.A. No. 02/2024 is hereby dismissed. 5. Learned counsel for the petitioner is directed to file typed copy of documents during the course of the day. 6. The petitioners have filed this petition for following reliefs:-
“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. 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. 10.3 Any other relief, which may be deemed fit and proper in the facts and circumstances of the case, may also be allowed.”
7. Learned counsel for the petitioners submits that the petitioners
19 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 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. 8.
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. 9. I have heard learned counsel for the parties and perused the material available on record. 10. In the identical matter bearing WPS No. 3432/2014 (Sanjay
20 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:-
“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 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. 6. 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. 7. 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
21
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.”
11. 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.
12. Accordingly, the writ petition is allowed. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat