Delhi High Court
V Durga Prasad vs Union Of India And Ors. on 23 December, 2024
Author: Navin Chawla
Bench: Navin Chawla
$~240
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 23.12.2024
+ W.P.(C) 17860/2024
V DURGA PRASAD .....Petitioner
Through: Mr. P Sureshan, Adv.
versus
UNION OF INDIA AND ORS. .....Respondents
Through: Mr.Rishabh Sahu, SPC,
Mr.Yash Tyagi, GP, Mr.Sameer
Sharma, Adv. with Insp.
Yashpal, SI P.Devendra.
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
HON'BLE MS. JUSTICE SHALINDER KAUR
NAVIN CHAWLA, J. (Oral)
CM APPLS. 75994-95/2024 (Exemption)
1. Allowed, subject to all just exceptions.
W.P.(C) 17860/2024
2. This petition has been filed by the petitioner praying for the
following reliefs:
“a) Pass a writ of mandamus directing the
respondent to grant additional 5 % HRA from
16.6.2022 to the date of sanctioning full HRA ,
to the petitioner as he had been given less than
5% HRA by treating him as a barrack
member.
b) Pass an order declaring that the petitioner
is entitled to claim full HRA as a family
member during all his future postings with the
CISF, and consequently, direct the authorities
to grant TA and DA on his transfer to other
units.
c) Direct the respondents to pay entire arrears
along with 18% interest from the date it
become due and payable.
Signature Not Verified
Digitally Signed WP(C) 17860/2024 Page 1 of 2
By:SUNIL
Signing Date:26.12.2024
12:48:03
d) To direct the respondent to pay costs of this
litigation.”
3. The learned counsel for the petitioner, in support of the prayer
made, has placed reliance on the judgment dated 08.02.2024 passed by
the Supreme Court in Civil Appeal No.4967 of 2023, titled Union of
India & Ors. v. Paramasivan M, and on the judgment dated
18.12.2019 of this Court in W.P. Civil No. 4839 of 2019, titled
Brijesh Kumar v. DG CISF.
4. Issue notice.
5. Notice is accepted by Mr.Rishabh Sahu, the learned counsel for
the respondents.
6. Having considered the contents of the present petition and the
above judgments, we are of the opinion that the contents of the present
petition should be considered by the respondents as a representation of
the petitioner and decide on the same within a period of eight weeks
from today by passing a speaking order thereon.
7. In case the petitioner is held entitled to the reliefs claimed or
any part thereof, the same shall be released to the petitioner without
further orders from the Court. In case any of the prayers is rejected, it
shall be open to the petitioner to challenge the same in accordance
with the law.
8. The petition is disposed of in the above terms.
NAVIN CHAWLA, J
SHALINDER KAUR, J
DECEMBER 23, 2024/Arya/as
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Signature Not Verified
Digitally Signed WP(C) 17860/2024 Page 2 of 2
By:SUNIL
Signing Date:26.12.2024
12:48:03