The Manipur High Court recently observed that the purpose and object of granting the benefit of HRA is to reward the persons who are posted in the NE region. The drawing of additional HRA by a Central Government employee is permissible if the employee keeps their family in the previous station on their own or rented house after vacating the Government quarters due to transfer to the North East region.

The bench comprising Justice M.V. Muralidaran clarified that the only rider would be that such family members of the employee must be residing with the employee at the last place of the transfer before being sent to the NE region.

The observation was made while hearing a catena of pleas in terms of which the petitioners working in CRPF at various levels and posted in the North East had challenged the stoppage of HRAs given to them.

The petitioners, on the completion of their tenure postings in New Delhi, had been transferred to Manipur. On reporting at the new station, the petitioners had requested the authority for sanction of HRA as was being given at the last place of posting which came to be returned stating that no such order had been received from the Government of India to grant HRA to the personnel posted in unit deployed in NE region and kept their family at last place of posting without linking his notional headquarter i.e. Group Centre. It was this order which was being challenged before the bench.

Implementation of the recommendations of 7th Central Pay Commission – Additional HRA for civilian employees of the Central Government serving in the States of North Eastern Region, Andaman & Nicobar Islands, Lakshadweep Islands and Ladakh

Counsel for one of the petitioners had argued that as per the Office Memorandum dated 22.1.2019, HRA is entitled to the CRPF personnel on their transfer to non-family location viz., North Eastern Region, Sikkim, Andaman & Nicobar Island, Lakshadweep island, J&K and left-wing extremist area and there cannot be a classification whether the headquarters are within the NE region or not.

Contesting the pleas Sr.PCCG submitted that HRA is a headquarter based allowance and that the petitioners are posted at the duty Bn. whose notional headquarters are situated outside the present place of posting and hence the petitioners are not entitled to HRA. Further, the HRA is given to an employee in case Government Provided Residential Accommodation is not available to him. Since the petitioners are given GPRA, they are not entitled to claim HRA in the present place of posting, he argued.

After considering the rival contentions the court observed that the drawing of two HRAs by a Central Government employee would be admissible even if the employee keeps their family in the previous station on their own or rented house after vacating the Government quarters due to transfer to NE region.

Relying on the various office memorandums issued on the subject by the Ministry of Home and Ministry of Defence the court explained that the rationale behind the grant of double HRA to employees, who are posted to the NE region or at Andaman and Nicobar Islands is that on their posting to those challenging stations, they are not expected to take their families along with them.

“That is the reason why posting to these places is called difficult posting, as it is not normally feasible to keep the families along while working at such stations. In order to ensure that such employees join these difficult stations, the benefit of HRA is extended to their families as well, who are allowed to remain at the last station of posting”, the court said.

Deliberating on the intent of double HRA the court said that the benefit of HRA is for the welfare of the families of the employees who on their transfer to difficult stations like North East keep their families at the previous place of posting in a rented or own accommodation after vacating the Government quarters which they were occupying and had to vacate after transfer.

“The purpose and object of granting the benefit of HRA is to reward the persons who are posted in the NE region. When the basis for granting HRA to the employees posted in NE region is provided, this Court fails to understand why the respondents are denying the benefit of HRA to the petitioners, who were posted in NE region”, the court added.

In view of the above discourse, the court set aside the orders issued by the respondent authorities prescribing stoppage of HRA to the petitioners and directed immediate release of the same in their favour.

Case Title: WP(C) No.243/2020 J.S Chauhan VS Union Of India

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No. 12035/9/89 Pol. II (Vol.II)
Government of India
Ministry of Housing & Urban Affairs
Directorate of Estates

Nirman Bhawan, New Delhi
Dated the 10th November, 2022

Office Memorandum

Subject: Retention of GPRA through Inter-pool Exchange – clarification

In view of the latest development in the rule of retaining Government Accommodation by officials posted at North Eastern Region, all probability of undue retention of GPRA through various means is being looked into. It has been noticed that many allottee availing themselves of GPRA in Delhi through inter-pool exchange, in spite of their transfer to outstations, are trying to retain their Government Accommodation in Delhi in contrary to the existing provisions.

2. In view of the above, it is hereby clarified in respect of accommodation availed through inter-pool exchange that the maximum retention period in Delhi admissible to an officer transferred out of Delhi is strictly 8 months (2+6) or 3 years (as the case may be under Rule 40, 41 or 43 of CGGPRA Rules-2017) following the effective date of the transfer. In order to avoid any confusion in this matter, it is hereby reiterated/ further clarified that the inter-pool exchange of an accommodation Is valid only for the period the officers continue to be posted in Delhi.

3. This issues with the approval of the Competent Authority.

Sd/-
(Pinaki Banerjee)
Deputy Director of Estates (Policy)

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Latest DoPT Orders 2022

No. 14017/01/2022-AIS-II
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training

New Delhi, dated the 23rd September, 2022

To

The Chief Secretary,
All the State Governments.

Subject: Review of Incentives / Special Allowances granted to AIS officers working in North Eastern Region – reg.

Sir,
I am directed to state that the Government, after review of the various incentives/ Special Allowances being granted to the AIS officers working in the North Eastern Region, has decided that the incentives/ Special Allowances granted through the following letters/ OMs issued by this Department be withdrawn with immediate effect:

2. This issues with the approval of the Competent Authority.

Yours faithfully,

(Kuldeep Chaudhary)
Under Secretary to Government of India

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