Page No.# 1/12 GAHC010021412016 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4454/2016 SATYENDRA NATH MISHRA S/O. LT. S.D. MISHRA, COMMANDANT IRLA NO.3570, GC, CRPF, KHATKHATI, KARBI ANGLONG, ASSAM, PIN-782480. VERSUS THE UNION OF INDIA and 6 ORS REP. BY THE DIRECTOR GENERAL, CRPF, CGO COMPLEX, LODHI ROAD, NEW DELHI, PIN-110003. 2:THE DIRECTOR ACCOUNTS PAO CRPF MAHABIR NAGAR P.O. TILAK NAGAR NEW DELHI-440018. 3:THE DIGP ADMN. DIRECTORATE GEN. CRPF CGO COMPLES LODHI ROAD NEW DELHI PIN-110003. 4:THE SPL. D.G. N.E.Z. CRPF 9TH MILE P.O. AMERIGOG GHY.-23 Page No.# 2/12 ASSAM-781023. 5:THE I.G.P. NES CRPF POLOGROUND BISWAP COTTON ROAD SHILLONG MEGHALAYA PIN-793001. 6:THE D.I.G.P. RANGE CRPF KHATKHATI ASSAM PIN-782480. 7:THE D.I.G.P. G.C. CRPF KHATKHATI P.O. GAUTAMBASTI DIST. KARBI ANGLONG ASSAM PIN-782480 Advocate for the Petitioner : MS.P PHUKAN, MS.M GOGOI,MR.A BORO,MS.C TALUKDAR,MR.B RAMCHIARY Advocate for the Respondent : ASSTT.S.G.I., MR.S K MEDHI,,,C.G.C. BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA JUDGMENT AND ORDER Date : 29-07-2025 Heard Ms. A Ramchiary, learned counsel for the petitioner. Also heard Mr. S.K. Page No.# 3/12 Medhi, learned CGC for the respondents. 2. The petitioner at the time of filing this writ petition was serving as Commandant in the CRPF at the Group Centre, CRPF, Khatkhati, Assam. Prior to his posting in Khatkhati, the petitioner was posted at 224 Bn at GC, CRPF Allahabad. During his posting in Allahabad, the petitioner was allotted Government Accommodation at Group Centre, Allahabad Campus. When the petitioner came to learn about his transfer from 224 Bn at GC, CRPF, Allahabad to GC, CRPF, Khatkhati in Assam, he vacated the Government Accommodation allotted to him on 01.08.2016 before proceeding to the new place of posting. Prior to joining his new place of posting in Khatkhati, Assam, the petitioner shifted his family to a rented accommodation after vacating his Government Accommodation. 3. After joining his new place of posting, the petitioner claimed house rent allowances admissible under the provisions of the Rules applicable read with the Office Memorandum issued by the Government of India, Ministry of Finance. On the basis of his application, the petitioner was sanctioned House Rent Allowance amounting to Rs. 10, 382/- Per Month on the basis of his previous Pay Band and Grade Pay with effect from 06.08.2013 from the date his family was staying in the rented house till the date of his posting at Group Centre, CRPF, Khatkhati, Page No.# 4/12 Assam or till further orders whichever is earlier. 4. The petitioner thereafter represented before the DIGP (Admn), CRPF as the bill raised on account of HRA which was preferred to the Principal Accounts Officer, New Delhi for drawl action, was returned vide letter No. IRLA No. 3570/2013-GO’s bill dated 30.12.2013 on the ground that the Officer is neither entitled for HRA nor residential accommodation meant for 224 Bn constructed at Allahabad. The authorities rejected the claim that the case of the Officer allowing the HRA does not come under the purview of Appendix-9 of the Fundamental Rules. The said representation thereafter was forwarded to various authorities. In a communication forwarding the said application, the DIGP (Admn) clearly indicated that the petitioner is entitled for the Additional HRA on his posting to GC, CRPF, Khatkhati as per clarification issued by the GOI, MOF, Department of Expenditure OM No. 2(38)/2001-E II(B) dated 24.09.2003. Ultimately, the respondent authorities rejected the claim of the petitioner on the ground that the observations raised earlier by the PAO, New Delhi is an order as per Rules. Subsequently, upon further representation, the matter was re- examined and the documents were forwarded to Special DG, NEZ, CRPF, Guwahati recommending the grant of the Additional HRA. However, the same again stood rejected by communication dated 21.04.2016 on the ground that the earlier view of the PAO is correct and it stands. Page No.# 5/12 5. The learned counsel for the petitioner submits that under the Central Reserve Police Force Family Accommodation Rules, the personnel allowed to stay in hired accommodation outside the lines will not be entitled to the amenities provided to the personnel staying in the campus. However, they will be paid normal house rent allowance as per existing Rules and Regulation on the subject and compensation in lieu of rent free accommodation to the extent of percentage fixed by the Government. 6. The learned counsel for the petitioner has referred to the OM No. 11016/1/E.II(B)/84 dated 29.03.1984 which provides for Additional HRA to Central Government Employees on transfer to NE Region who keep their families at a previous place of posting on hired or own accommodation after vacating Government Accommodation which they were occupying and have to vacate after transfer to NE Region. 7. The learned counsel for the petitioner has also referred to the communication dated 14.07.2012 issued by the Ministry of Home Affairs to the Director Generals of Central Armed Police Forces including the CRPF as well as the OM dated 22.01.2019. Reference is also drawn to Rule 17 of the Guidelines for Allotment and Occupation of Family Quarters in the CRPF under the Central Reserve Police Force Family Accommodation Rules, 2008. Referring to the said Page No.# 6/12 Rules, the learned counsel for the petitioner submits that the personnel allowed to stay in hired accommodation outside the lines will not be entitled to the amenities provided to the personnel staying in the campus. However, they will be paid normal house rent allowance as per existing rules/instructions on the subject and compensation in lieu of rent free accommodation to the extent of percentage fixed by the Government. 8. The learned counsel for the petitioner therefore submits that the rejection of the claim of the Additional HRA payable by the respondents is contrary to the Rules and the Office Memorandum and it is therefore submitted that the claim of the petitioner for Additional HRA along with all available arrears, as the case may be, was incorrectly denied. The respondents are therefore liable to be directed to release the claims of Additional HRA of the petitioner. 9. The learned CGC disputes the contentions raised by the petitioner. The respondents, however, has referred to the affidavit filed by the respondent authorities in support of his contentions. It is submitted that for drawl of HRA as submitted by the Officer, the form filled up is incomplete inasmuch as the address of the house in which the family of the officer had resided is required to be mentioned in the annexure. The learned CGC submits that since the case of the petitioner did not fall within the purview of appendix-9 to the Fundamental Page No.# 7/12 Rules, his case was rejected. It is submitted that the claim of the writ petitioner’s came to be examined at the various levels and upon detailed examination, it was found that the petitioner was not entitled to claim of Additional HRA as the petitioner shifted to hired accommodation outside the Group Centre, CRPF, Allahabad Campus for his own convenience despite availability of Government Accommodation at normal rate in the old station. Therefore, such claim is barred under Rule 4(b)(1) of FRSR Part-IV HRA Rules. 10. In rejoinder, the petitioner by way of an affidavit-in-reply and an additional affidavit reiterated the claim of the writ petitioner as urged in the writ petition that he is entitled to the benefit of Additional HRA. 11. The learned counsel for the parties have been heard. Pleadings available on record have been carefully perused. In order to decide this issue, it is necessary to refer to the relevant Rules and Office Memorandums. 12. Rule 17 of the Central Reserve Police Force Family Accommodation Rules, 2008 reads as under: “17. The personnel allowed to stay in the hired accommodation outside the lines will not be entitled to the amenities provided to the personnel staying in the campus. However, they will be paid normal house rent allowance as per the existing rules/instructions on the subject and compensation in lieu of rent free accommodation to the extent of percentage fixed by the Govt.” 13. In addition thereto, the Ministry of Home Affairs by communication dated Page No.# 8/12 14.07.2012 had clarified that by conveying the sanction of the Government for extension of facility of retention of Government Accommodation at the last place of posting in respect of those personnel who are deployed/posted in left wing extremism affected areas/districts except State Capitals. It was further clarified that if they were to surrender the accommodation and move their family to another private accommodation, HRA will be admissible on this account. Pursuant to this clarification, there is another Office Memorandum issued on 22.01.2019. By the said Office Memorandum, the Government of India, Ministry of Home Affairs, conveyed its approval to allow HRA on vacation of Government Accommodation by families of CAPF personnel after three years retention in addition to HRA admissible to the new place of posting and further to relax the mandatory provision of keeping families of CAPF personnel at the last place of posting for allowing HRA at the rate of selected place of residents. This Office Memorandum dated 22.01.2019 and the communication dated 14.07.2012 are extracted below: “No.27012/42/2009-PF.III Government of India/Bharat Sarkar Ministry of Home Affaris/Grih Mantralaya North Block, New Delhi-110001 Dated 14th July, 2012 To The Directors General BSF, CRPF, CISF, ITBP, SSB, NSG & AR (throgh LO, AR) New Delhi. Page No.# 9/12 Sub: Extension of the facility of retention of Government accommodation at the last place of posting for Central Paramilitary Force (CPF) personnel deployed in LWE affected areas. Sir, I am directed to convey sanction of the Government for extension of the facility of retention of Government accommodation at the last place of posting for Central Paramilitary Force personnel (BSF, CRPF, CISF, ITBP, SSB, AR & NSG) deployed/posted in Left Wing Extremism (LWE) affected areas/district (except State Capitals), as notified by the Government of India from time to time, on payment of flat rate/normal licence fee. The CPF personnel transferred from North- Eastern Region and J&K to the above mentioned LWE affected areas/districts will also be allowed to retain the accommodation already retained by them. It is clarified in this regard that if they were to surrender the accommodation and move their family to another private accommodation, I HRA will be admissible on this account. 2. LWE affected districts/areas for this purpose will be the districts (excel State Capitals) as identified/notified for implementation of Security Relate Expenditure (SRE) scheme by Naxal Management Division of this Minister from time to time. 3. This order will be applicable to all personnel of CPFs posted a physically working in the districts as at para 2 above, and occupying Government accommodation. 4. As and when CPF personnel are posted out of LWE affected areas, they will be required to vacate the accommodation retained by them within two months. While ensuring that the Government accommodation is vacate within the stipulated time, the Directors General of the concerned CPFs would endorse a copy of the posting order of CPF personnel out of the LWE affected areas in respect of General Pool accommodation, to Ministry of Urban Development and Ministry of Home Affairs in all cases. Yours faithfully, sd/- (H.Kam Suanthang) Under Secretary of the Government of India” “No.II-27012/29/2018-PF-I (CF No.3437419) Government of India/Bharat Sarkar Ministry of Home Affairs/Grih Mantralaya Police-Il Division (PF-I Desk) Page No.# 10/12 OFFICE MEMORANDUM North Block, New Delhi, Dated, the 22nd January, 2019 Sub: Grant of additional HRA to CAPF personnel on their transfer to non- family locations in the event of their vacation of Government accommodation retained by them after 3 years. The undersigned is directed to say that a proposal for grant of HRA of Old Station/Selected Place of Residence, in addition to the HRA admissible at the new place of posting, to CAPF personnel on their transfer to non-family locations, viz. North Eastern Region, Sikkim, Andaman & Nicobar Islands, Lakshadweep Islands, State of Jammu & Kashmir and Left Wing Extremist (LWE) areas, in the event of their vacation of Govemment accommodation retained by them after 3 years, as per Ministry of Housing & Urban Affairs OM No. 12035/4/2015-Pol.ll dated 14.11.2017 and 01.08.2018, till they remain posted in such non-family stations, was examined in this Ministry in consultation with Ministry of Finance (Department of Expenditure), and it has agreed to:- (i) allow HRA, on vacation of the Government accommodation by families of CAPF personnel after 3 years retention period, who are posted in non-family stations/locations (as defined by M/o Housing & Urban Affairs in their OM dated 01/08/2018), in addition to the HRA admissible at the new place of posting. (ii) relax the mandatory provision of keeping families of CAPF personnel at last place of posting for allowing HRA at the rate of Selected Place of Residence. 2. This issues with the approval of Ministry of Finance (Department of Expenditure), vide their ID No.28/2/2018-E.II(B) dated 18.01.2019 and as vetted by Integrated Finance Division of this Ministry vide their Dy No.3437419 dated 22.01.2019. (Mukesh) Under Secretary to the Govt of India Tel No.23092214” 14. Having carefully perused the provisions of the Rules as well as the Guidelines and the Office Memorandum, it is seen that this matter has already been clarified by the Government in the appropriate department. The rejection of the claim of the petitioner was on the ground that he had vacated the family accommodation allotted to him in his last place of posting at Allahabad Group Page No.# 11/12 Centre, CRPF inspite of there being Government accommodations available within the campus. This position has been clarified since by the OM that where the Officer had vacated the Government Accommodation and had taken up rented premises for accommodation of his family after being allotted the new place of posting, the said Officer would be entitled to HRA in addition to the HRA available in his new place of posting. There is no dispute on facts that the petitioner had retained his family in Allahabad while he had been transferred and posted to Khatkhati in Assam. He had kept his family at a rented accommodation in Allahabad while he came to join his duties in Khatkhati in Assam. The mere fact that the Officer chose to keep his family in a rented premises notwithstanding the Government Accommodation being available in the campus of the Group Centre in Allahabad, in view of the clarifications issued by the Government in the OMs as discussed above regarding the claim for additional HRA of the petitioner for the period he was required to keep his family in a rented premises outside the Government Accommodation although he was allowed to avail of accommodation within the Group Centre, Allahabad, in the opinion of this Court cannot disentitled him to claim the benefit of HRA as provided for under the Rules read with the Office Memorandum and the clarifications issued. 15. It is therefore held that the petitioner is entitled for claiming the benefit of Page No.# 12/12 Additional HRA in view of the discussions above and the respondents are directed to forthwith examine the claim of the writ petitioner afresh and if all the particulars and the application claiming his benefits was filed as per the procedure and the format prescribed, then the petitioner’s claim for Additional HRA shall not rejected or withheld and shall be released forthwith without any further delay. Let this exercise be carried out within a period of 90 days from the date of receipt of certified copy of this order. 16. With the above direction, the writ petition stands disposed of. JUDGE Comparing Assistant Sandipon