Dominic Joseph vs Union Of India And Anr
2012 Latest Caselaw 5632 Del

$~
*     IN THE HIGH COURT OF DELHI AT NEW DELHI

%                               Date of Decision: 18th September, 2012


+                          W.P.(C) 5866/2012

      DOMINIC JOSEPH                            ..... Petitioner
                   Represented by: Mr.Chava Badri Nath Babu,
                   Adv. with Ms.Kavitha, Mr.C.M.Angodi, Advs.

                  versus


      UNION OF INDIA AND ANR                           ..... Respondents
                    Represented by:         Mr.B.V.Niren, CGSC for UOI.


      CORAM:
      HON'BLE MR. JUSTICE PRADEEP NANDRAJOG
      HON'BLE MR. JUSTICE MANMOHAN SINGH


PRADEEP NANDRAJOG, J. (Oral)

1. The issue raised in the instant writ petition pertaining to House Rent Allowance (HRA), City Compensatory Allowance (CCA) and Transport Allowance (TA) stands adjudicated in various writ petitions and the latest being the decision dated August 23, 2012 in WP(C) No.5132/2012.

2. Various Central Para Military Forces attach their Force personnel either in the Ministry of Home Affairs or in the offices of their Inspector General or Director General, but refuse to pay HRA, CCA and

Transport Allowance in terms of a policy circular dated October 03, 2008, which refers to an Office Order dated June 06, 2008 which prohibits attachment of a Force personnel to an attached office beyond 90 days.

3. This Court has repeatedly held that if Office Order dated June 06, 2008 prohibits attachment of a Force personnel beyond 90 days, the Central Para Military Force has no business to attach a Force personnel for more than 90 days. The reason is that if an Office Order contemplates attachment for maximum 90 days and another Office Order permits HRA, CCA and Transport Allowance to be paid during attachment, it is for the Force to ensure that no attachment continues beyond 90 days.

4. As regards the Force personnel, since he has no option in a matter of transfer/posting, what can be do if he is attached as afore-noted beyond 90 days.

5. In the city of Delhi it is not easy to find a rented accommodation and if one is found, the rent is fairly steep. Why should this Force personnel not be compensated with HRA and CCA during his attachment period more so when no Government house is made available to him. As regards Transport Allowance, we all know the transport charges even in public transports in Delhi.

6. We dispose of the writ petition directing respondents to release HRA, CCA and Transport Allowance to the petitioner for the duration the petitioner remained on attachment with the Ministry of Home Affairs, and for which direction we may highlight that when the petitioner was attached to the Ministry of Home Affairs he had surrendered the Government accommodation allotted to him and the family had to rent an accommodation by paying market rent. No pool accommodation was given

to the petitioner. For such period the House Rent Allowance, CCA and Transport Allowance was paid, there need not be a duplicate payment. Needless to state City Compensatory Allowance should also be paid to the petitioner.

7. Compliance be made within 12 weeks.

8. No costs.

(PRADEEP NANDRAJOG) JUDGE

(MANMOHAN SINGH) JUDGE SEPTEMBER 18, 2012 dk