STATE OF U P Vs. NARENDRA PAL SINGH

JUDGEMENT

(1.) This special appeal arises from a judgment and order of the learned Single Judge dated 8 November 2013 and an order passed in a review petition dated 15 September 2014.

(2.) The appellants are Head Constables or, as the case may be, Constables in the Provincial Armed Constabulary1. A writ petition had been filed before a learned Single Judge by 237 Head Constables/Constables, seeking the payment of House Rent Allowance2 on the basis of a Government Order dated 14 June 1999, on the ground that they had not been provided official accommodation. That writ petition was disposed of by a learned Single Judge by an order dated 8 December 2010. The learned Single Judge was of the view that the grievance should be examined by the Principal Secretary (Home) of the State Government and that in order to avoid further litigation, it was desirable for the State to issue a circular either for the payment of HRA to Head Constables/Constables, or if it was not to be so provided, by indicating the reasons for the decision. Following the order of the learned Single Judge dated 8 December 2010, the State Government issued a circular on 25 April 2011 to the effect that the Constables who are housed in barracks would not be paid HRA. Thereafter, a representation was submitted to the State Government which was rejected in the month of February 2012 by the Commandant 44th Battalion PAC, Meerut. That led to the filing of a writ petition before the learned Single Judge, seeking a quashing of the decision of the Commandant. Besides, a mandamus was sought to the State to pay HRA to the writ petitioners together with arrears in accordance with two Government Orders respectively dated 11 June 1999 and 8 December 2008. These two Government Orders apply generally to the employees of the State. The writ petition was allowed by the learned Single Judge by a judgment and order dated 8 November 2013 in the following terms:-

(3.) Prior to the aforesaid decision of the learned Single Judge, a circular was issued by the State Government on 19 October 2013 under which a provision was made for the payment of Family Accommodation Allowance3 to employees of the police department who had been provided accommodation in barracks. As a matter of fact, it appears that the Sixth Pay Commission4 had, in the course of its recommendations, dealt with the issue as to whether HRA should be provided to personnel of Central Reserve Police Force5 who had not been allotted rent free accommodation. The recommendation of the SPC provided as follows:-