Delhi High Court Grants 7 Weeks Time To Centre For Complying With Order Extending HRA Benefit To All Personnel Of Paramilitary Forces

The Delhi High Court has granted seven weeks time to the Union Government for complying with a division bench judgment passed in December last year extending the benefit of House Rent Allowance (HRA) to every personnel in the paramilitary forces, irrespective of the rank, as per their entitlement.Justice Jasmeet Singh passed the order in a plea seeking contempt action against the authorities for failing to comply with the judgment. The court observed that the Union Government and other authorities were directed to comply with the judgment within six weeks, however, more than nine months had passed but the order has not been complied with.“Time and again it is coming to the notice of this Court that the timelines and the directions given by this Court are totally ignored and not adhered to. The mere fact that an SLP is filed is no reason for non- compliance of the order,” the court said. Justice Singh also observed that the CRPF, one of the respondents, is a security force and is not exempt from the jurisdiction of the court.“There is total non compliance of the directions and timelines indicated by the Court,” the court said.It added, “At request of Mr Harish Vaidyanathan Shankar, learned CGSC, a period of 7 weeks is granted to comply with the judgement dated 16.12.2022.”The matter will now be heard on November 23. In its judgment passed on December 16 last year, the division bench had questioned Ministry of Home Affairs's decision to confine HRA benefit only to Personnel Below Officer Rank (PBORs) and said that every personnel in the paramilitary forces shall be entitled to the benefit. It had then directed the Centre and other authorities to take necessary steps within six weeks, in consultation with Ministry of Home Affairs as well as Ministry of Finance, to grant HRA benefit to such personnel."We are unable to find any reason as to why officers belonging to the rank of Officers / Coy Commanders or PBROs, should not be granted similar benefit more so as the factum of their serving at far off locations has been recognized and it cannot be differentiated on cadre basis. We fail to understand why such policy decisions discriminating within the force should be permitted to continue, especially to the officers of the force who spend their lives serving the nation," the court had said.Case Title: AARIF HUSSAIN v. SHRI AJAY KUMAR BHALLA AND ORSCitation: 2023 LiveLaw (Del) 793Click Here To Read Order

Delhi High Court Grants 7 Weeks Time To Centre For Complying With Order Extending HRA Benefit To All Personnel Of Paramilitary Forces

Nupur Thapliyal

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