CHANDRAWATI DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner is aggrieved by the non-grant of either the rent free accommodation or the House Rent Allowance (for short "hra") only by reason of a decision of the respondents that such facility is extendable only to a certain percentage of persons on the strength of the cadre for a particular town.

(2.) THE petitioner was selected as a Sub-Inspector/exe. In the CISF in pursuance to a letter dated 1. 9. 1988. The initial pay of the petitioner was fixed at rs. 1,400. 00 per month in the pay-scale of Rs. 1400-40-1800 EB-50-2300 "plus usual allowances as admissible and sanctioned by the Central Government from time to time". The letter also provided for the provisions of the Central Industrial security Force Act, 1968 (hereinafter referred to as the said Act) and the Rules as also any other relevant rules and regulations which may be framed by the central Government from time to time to apply to the petitioner.

(3.) THE petitioner was transferred from the CISF Unit Civil Airport, Amritsar to cisf Unit IGI Airport, New Delhi vide order dated 29. 3. 2005 and the petitioner joined in May 2005. The petitioner was not being provided a Government family accommodation at Amritsar and thus was in receipt of HRA. The petitioner on his transfer to New Delhi made applications for allotment of family accommodation and requested that if no family accommodation is available he be given permission to stay in an accommodation with his family and be paid the HRA. The respondents informed the petitioner vide letter dated 12. 7. 2005 that no government accommodation was available for him and that he would be given out-living permission but without payment of HRA. The out-living permission was subject to various conditions including residing within eight kilometers of radius from the place of duty.