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High Court of DelhiW.P.(C)/10161/2018

Mahabir Prasad v. Union Of India And ORS.

2019-11-20Hon'Ble Dr. Justice S.Muralidhar,Hon'Ble Mr. Justice Talwant Singh2 pages

$~20 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 10161/2018 MAHABIR PRASAD ..... Petitioner Through:

Ms. Pallavi Awasthi, Advocate versus UNION OF INDIA AND ORS. ..... Respondent Through:

Mr. Dilbagh Singh, Advocate for UOI with Mr. S.S. Chib, Assistant Commandant, CISF

CORAM:

JUSTICE S.MURALIDHAR JUSTICE TALWANT SINGH

O R D E R

% 20.11.2019

1. The prayers made in the petition read as under: "(a) to issue a writ in the nature of mandamus commanding the respondents to pay HRA to the petitioner for the period from August 2012 to June 2017. (b) to direct the respondents to pay the arrears of HRA with interest @ 18% on the due HRA."

2. Enclosed with the counter affidavit is a copy of the email message dated 9th January, 2019 from the Commandant, CISF Unit DHEP Dulhasti to the Commandant, CISF, 8th Res. Battalion at Jaipur stating that Rs. 2,89,971/- towards the arrears of HRA for the period from 15th April, 2014 to 31st May, 2018 in respect of the Petitioner have been credited to his account on 8th January, 2019 itself. W.P.(C) 10161/2018 Page 1 of 2

3. The present petition was filed in the year 2018. As rightly pointed out by learned counsel for the Respondents, the claim for HRA for a period earlier than three years prior to the filing of the petition should be considered to be barred by latches.

4. Considering that the above payment has been made to the Petitioner, the Court does not consider it necessary to issue any further directions in this regard.

5. The petition is dismissed.

S. MURALIDHAR, J.

TALWANT SINGH, J.

NOVEMBER 20, 2019 pkb W.P.(C) 10161/2018 Page 2 of 2