1 2025:CGHC:1928 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 233 of 2025 1. Shivmangal Singh S/o Late Shri Shivnarayan Singh Aged About 45 Years Presently Working On The Post Of Head Constable Batch No. 692, 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 2. Bharat Singh Bhist S/o Late Shri Daulat Singh Bhist, Aged About 46 Years Presently Working On The Post Of Head Constable Batch No. 759, 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 3. Krishnmohan Pandey S/o Shri Suryadev Pandey, Aged About 37 Years Presently Working On The Post Of Constable Batch No. 33, 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 4. Birendra Kumar S/o Shri Lalan Ram Aged About 46 Years Presently Working On The Post Of Constable Batch No.87, 16th Digitally signed by RAGHVENDRA JAT 2 Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 5. Sudar Singh S/o Shri Chhotelal Aged About 38 Years Presently Working On The Post Of Constable Batch No. 171, 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 6. Sunil Kumar S/o Shri Kanhiya Singh Aged About 38 Years Presently Working On The Post Of Constable Batch No. 230, 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 7. Shivnarayan Pal S/o Shri Jaishree Pal Aged About 36 Years Presently Working On The Post Of Constable Batch No. 324, 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 8. Bhagat Singh S/o Shri Kashinath Singh Aged About 35 Years Presently Working On The Post Of Constable Batch No. 587, 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 9. Rishikesh Pandey S/o Shri Amarnath Pandey Aged About 54 Years Presently Working On The Post Of Platoon Commander Batch No. 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 3 10. Chandan Yadav S/o Shri Ram Ashish Yadav Aged About 35 Years Presently Working On The Post Of Constable Batch No. 18, 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 11. Narendra Yadav S/o Shri Virendra Yadav Aged About 37 Years Presently Working On The Post Of Constable Batch No. 148, 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 12. Vinay Paswan S/o Shri Sikandar Paswan, Aged About 37 Years Presently Working On The Post Of Constable Batch No. 252, 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 13. Abhishek Prasad S/o Shri Chatu Shah Aged About 38 Years Presently Working On The Post Of Constable Batch No. 296, 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 14. Vikas Paswan S/o Shri Devan Paswan Aged About 35 Years Presently Working On The Post Of Constable Batch No. 529, 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 15. Satishchand S/o Shri Lahudram Aged About 38 Years Presently Working On The Post Of Constable Batch No.547, 16th Battalion 4 I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 16. Ashish Kumar S/o Shri Balwan Singh Aged About 36 Years Presently Working On The Post Of Constable Batch No. 606, 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 17. Mohd. Taukir Ejaz Khan S/o Shri Mohd. Mustak Khan Aged About 36 Years Presently Working On The Post Of Constable Batch No.622, 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 18. Ajay Kumar S/o Shri Ramveer Singh Aged About 36 Years Presently Working On The Post Of Constable Batch No. 558, 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 19. Rajkumar Saroj S/o Shri Ram Pratap Aged About 35 Years Presently Working On The Post Of Constable Batch No. 593, 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 20. Manjesh Kumar S/o Shri Sahab Singh Aged About 38 Years Presently Working On The Post Of Constable Batch No. 578, 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 5 21. Gyaniram S/o Shri Dataram Aged About 38 Years Presently Working On The Post Of Constable Trade Batch No. 1011, 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 22. Vijay Pal Singh S/o Shri Ramveer, Aged About 36 Years Presently Working On The Post Of Constable Batch No. 51, 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 23. Mohd. Ijhar Khan S/o Mohd. Israil Khan Aged About 34 Years Presently Working On The Post Of Constable Batch No. 618, 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 24. Sheikh Aktar Ali S/o Mohd. Anwar Ali, Aged About 36 Years Presently Working On The Post Of Constable Batch No. 120, 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 25. Shyamsunder Rai S/o Shri Jitu Rai Aged About 36 Years Presently Working On The Post Of Constable Batch No. 615, 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 26. Jitendra Kumar Tiwari S/o Shi Vinay Shankar Tiwari, Aged About 34 Years Presently Working On The Post Of Constable Batch 6 No.495, 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 27. Amar Kumar S/o Shri Bahadur Mandal Aged About 34 Years Presently Working On The Post Of Constable Batch No. 614, 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 28. Ashok Singh Yadav S/o Shri Siyaram Yadav Aged About 33 Years Presently Working On The Post Of Constable Batch No. 438, 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 29. Jaishankar Bind S/o Shri Munni Lal Aged About 36 Years Presently Working On The Post Of Constable Batch No. 217, 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 30. Bharat Prasad Gupta S/o Late Shri Kamla Prasad Aged About 36 Years Presently Working On The Post Of Constable Batch No. 574, 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 31. Dost Mohammad S/o Shri Alihasan Aged About 36 Years Presently Working On The Post Of Constable Batch No. 604, 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 7 32. Aamveer Singh S/o Shri Devendra Singh Aged About 35 Years Presently Working On The Post Of Constable Batch No. 510, 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 33. Santosh Kumar S/o Shri Nath Singh Aged About 35 Years Presently Working On The Post Of Constable Batch No. 20, 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 34. Mahendra Singh S/o Shriman Singh Aged About 36 Years Presently Working On The Post Of Constable Batch No.286, 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 35. Sanjeev Kumar S/o Shri Maan Singh Aged About 37 Years Presently Working On The Post Of Constable (Telecom) Batch No. 851, 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 36. Jafar Khan S/o Late Shri Nasar Khan Aged About 34 Years Presently Working On The Post Of Constable Batch No. 618, 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 37. Vikash Kumar S/o Shri Nand Kumar Pasad Aged About 33 Years Presently Working On The Post Of Constable Batch No. 121, 8 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 38. Abhay Kumar Singh S/o Shri Shyam Bahadur Singh Aged About 40 Years Presently Working On The Post Of Constable Batch No. 916, 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 39. Santosh Kumar Singh S/o Shri Ramjiyavan Singh Aged About 36 Years Presently Working On The Post Of Constable Batch No.561, 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 40. Umesh Kumar Singh S/o Shri Prashupatinath Singh Aged About 33 Years Presently Working On The Post Of Constable Batch No. 506, 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 41. Shailendra Singh S/o Shri Sudarshan Ram Aged About 34 Years Presently Working On The Post Of Constable Trade Batch No. 1065, 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 42. Balram Singh S/o Shri Yaadram Aged About 34 Years Presently Working On The Post Of Constable Batch No. 2, 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 9 43. Manoj Kumar S/o Shri Viri Singh Aged About 34 Years Presently Working On The Post Of Constable Batch No.579, 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 44. Ashwani Patel S/o Late Shri Manbahor Patel Aged About 52 Years Presently Working On The Post Of Head Constable Batch No. 830, 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 45. Santosh Singh Yadav S/o Shri Duij Singh Yadav Aged About 36 Years Presently Working On The Post Of Constable Batch No. 519, 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 46. Shriram S/o Shri Murari Lal Aged About 44 Years Presently Working On The Post Of Constable Batch No.642, 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 47. Santosh Kumar Dubey S/o Shri Brijbhushan Dubey Aged About 36 Years Presently Working On The Post Of Constable Batch No. 52, 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 48. Abhishek Kumar Singh S/o Shri Shashibhushan Prasad Aged About 38 Years Presently Working On The Post Of Constable 10 Batch No. 609, 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 49. Ramesh Kumar Saroj S/o Shri Pakhandi Saroj Aged About 34 Years Presently Working On The Post Of Constable Trade Batch No. 1062, 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 50. Sanjay Yadav S/o Shri Chandrika Yadav Aged About 38 Years Presently Working On The Post Of Constable Batch No. 576, 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 51. Rambhajan Singh Yadav S/o Shri Prabhunath Yadav Aged About 34 Years Presently Working On The Post Of Constable Batch No. 429, 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 52. Omprakash S/o Shri Borai Bhartiya, Aged About 36 Years Presently Working On The Post Of Constable Batch No. 908, 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 53. Santosh Gond S/o Shri Nandji Gond Aged About 39 Years Presently Working On The Post Of Constable (Telecom) Batch No. 847, 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 11 54. Shyamsunder Gurjar S/o Shri Rajveer Singh Aged About 37 Years Presently Working On The Post Of Constable Batch No.82, 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 55. Brijesh Kumar S/o Shri Chandraprakash Aged About 36 Years Presently Working On The Post Of Constable Batch No. 58, 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 56. Mohd. Habib Ansari S/o Late Shri Mohib Ansari Aged About 35 Years Presently Working On The Post Of Constable Batch No. 421, 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 57. Munnu Kumar Tiwari S/o Late Shri Premnath Tiwari Aged About 36 Years Presently Working On The Post Of Constable Batch No. 476, 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 58. Jagdish Prasad Gautam S/o Shri Shivprasad Gautam Aged About 49 Years Presently Working On The Post Of Head Constable Batch No. 810, 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 59. Hottam Singh Khanna S/o Shri Lakhpati Singh Aged About 47 Years Presently Working On The Post Of Constable Batch No. 12 644, 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 60. Birsa Bada S/o Shri Shani Bada Aged About 36 Years Presently Working On The Post Of Constable Batch No. 366, 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 61. Kishore Gurjar S/o Shri Roodaram Aged About 33 Years Presently Working On The Post Of Constable Batch No. 13, 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 62. Dharmendra Kumar Yadav S/o Shri Moorat Yadav Aged About 35 Years Presently Working On The Post Of Constable Batch No. 168, 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 63. Aditya Kumar S/o Shri Santosh Kumar Aged About 37 Years Presently Working On The Post Of Constable Batch No. 55, 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 64. Nandraj Yadav S/o Shri Matukdhari Aged About 39 Years Presently Working On The Post Of Constable Batch No. 488, 16th Battalion I/r Chhattisgarh Arms Force Narayanpur, District Narayanpur (C.G.). 13 65. Ablesh Kumar S/o Shri Badshah Singh Aged About 38 Years Presently Working On The Post Of Constable Batch No. 631, 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, Chhattisgarh. 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 Petitioners : Mr. Akash Pandey, Advocate. For Respondent/State : Ms. Shailja Shukla, Dy. G.A. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 13/01/2025 1. Heard on I.A. No. 02/2025, which is an application for exemption 14 from filing type copy of annexures. 2. On due consideration and for the reasons mentioned in the application, I.A. No. 02/2025 is hereby dismissed. 3. Learned counsel for the petitioner is directed to file typed copy of documents during the course of the day. 4. 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.” 5. Learned counsel for the petitioners submits that the petitioners 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 15 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. 6. 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. 7. I have heard learned counsel for the parties and perused the material available on record. 8. In the identical matter bearing WPS No. 3432/2014 (Sanjay 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, 16 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 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.” 9. 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 17 present petition is liable to be allowed in terms of WPS No.3432/2014 which has been allowed vide order dated 30.07.2024. 10. Accordingly, the writ petition is allowed. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat