Read Time: 05 minutes

Synopsis

The Supreme Court has asked the Union government to pay House Rent Allowance to personnel below the rank of officers serving in the Central Industrial Security Force if they were not provided family accommodation.

A bench of Justices Hrishikesh Roy and Prashant Kumar Mishra referred to the Delhi High Court's judgment in Jaspal Singh Mann Vs Union of India (2006) which interpreted Rule 61 of the Central Industrial Security Force Rules, 2010.

The judgment of the high court in Jaspal Singh came to be challenged by the Union of India, which was dismissed by this court through an order of February 20, 2009, the top court noted.

"According to the High Court, if Rule 61 is interpreted in the manner suggested by the Union of India, it will be discriminatory and will fall foul of the principles of Article 14 of the Constitution. In fact, no rationale nexus with the object relating to grant of HRA, for discriminatory treatment was found by the Court. Consequently, Writ of mandamus was issued directing the employer to pay the HRA in lieu of family accommodation from the date the petitioner became entitled to claim such family accommodation," the bench noted.

"The Rule 61 of the CISF Rules was accordingly read down to imply that such entitlement will be within the parameters of such rules. In other words, where the employer was unable to provide family accommodation within the township to the enrolled personnel, they will be entitled to HRA. If the dues are not paid within three months, they were to carry interest @8%," the bench added.

The apex court dismissed the plea by the Centre on a batch of petitions against the Delhi High Court's judgment which was a follow-up on Jaspal Singh Mann's judgment.

"Having considered the basis for the interpretation given in Jaspal Singh Mann (supra) and upon consideration of the rival submissions of the learned counsel for the parties, we see no reason to disturb the view taken in favour of the respondents, by the High Court," the bench said.

The court directed that the amount which the respondents-personnel are, therefore, entitled towards HRA, should be disbursed within three months. 

"If it is not paid within three months, the payable amount will carry interest @8%, as was ordered by the High Court. The interest will be calculated from the date of judgment passed by the Division Bench of the High Court in favour of the respondents," the court said.

Case Title: Union of India Vs Paramisivan M