DOMINIC JOSEPH Vs. UNION OF INDIA AND ANR.

JUDGEMENT

(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. 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.

(2.) 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.

(3.) 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.