Case Law Details
J S Chauhan, Vs The Union of India (Manipur High Court)
Manipur High Court held that the benefit of HRA is for the welfare of the families of the employees who are posted in difficult stations like the North Eastern region. Accordingly, denial of benefit of HRA/ additional HRA to Central Government employees posed in NE region who had kept his family in previous place is unjustified.
Facts-
The case of the petitioner is that he was remained posted in 103 Bn RAF/CRPF, New Delhi by drawing HRA with his pay and after completing his tenure period of posting at 103 Bn, the petitioner was transferred to 32 Bn CRPF, Loktak, Churchandpur District, Manipur. Pursuant to the transfer order dated 29.1.2019, he reported duty at 32 Bn and the Commandant, 32 Bn had also taken him in the strength of the unit with effect from 15.2.2019. Vide order of the Commandant, 32 Bn, a sanction was accorded for his entitlement of HRA and was also drawing his HRA with his pay regularly with effect from 15.2.2019 without any interruption till March, 2020.
However, in the month of April, 2020, the respondent authority without giving any opportunity of hearing and without issuing any recovery order, recovered a sum of Rs.27,827/- from the petitioner’s pay and also stopped the HRA of Rs.22,584/-. After knowing the stoppage of HRA and recovery of Rs.27,827/-, the petitioner has submitted a representation on 25.4.2020 to the competent authority. Despite the receipt of the said representation, the same has not been considered till date. Hence, the writ petition.
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