AVIJIT DAS Vs. UNION OF INDIA

JUDGEMENT

(1.) CM Nos.9743 -44/2015 in W.P.(C) No.5407/2015 CM Nos.9917 -18/2015 in W.P.(C) No.5455/2015 CM Nos.10019 -20/2015 in W.P.(C) No.5568/2015 Allowed subject to just exceptions. WP (C) Nos.5407/2015, 5455/2015 & 5568/2015 Learned counsel who appears for the respondents on advance copy of the writ petition being filed says that the facts pleaded in the writ petition are correct. Thus, with consent of learned counsel for the parties we proceed to decide the three captioned writ petitions.

(2.) THE petitioners are enrolled members of the Force of CISF. All of them sought permission to live out of the campus with family and were granted the necessary permission. None of them was provided with Government accommodation. The claim of all is for being sanctioned and thereafter paid house rent allowance.

(3.) IN the decision dated May 23, 2008 deciding W.P.(C) No.1712/2006 Inspector Jaspal Singh Maan Vs. UOI and Ors., taking note that Inspector Jaspal Singh Maan was an enrolled member of CISF, the Division Bench of this Court took note of Rule 61 of the CISF Rules, 2001 which covered the field of providing 'Free Accommodation' to the members of the Force and opined that sub -Rule 2 thereof clearly envisaged that either rent free accommodation would be made available and if not, in lieu thereof, house rent allowance as applicable to employees of Central Government would be paid. The Division Bench noted that CISF was relying upon its Office Memorandums under which some monetary compensation in lieu of rent free accommodation was to be paid. The Division Bench noted that House Rent Allowance was not in the nature of a concession but formed a component of the salary payable and for which the Division Bench noted the recommendations made by the various Pay Commissions and the decisions of the Supreme Court UOI Vs. Dineshan K.K., 2008 1 SCC 586 Director Central Plantation Crop Research Institute Vs. M.Purushothaman and Ors., 1995 Supp4 SCC 633 and State of Karnataka and Anr. Vs. Mangalore University Non -Teaching Employees Association, 2002 3 SCC 302. The Division Bench harmonized sub -Rule 2 and sub -Rule 3 of Rule 61 of the CISF Rules, 2001 to hold as under: -