IN THE HIGH COURT OF JHARKHAND AT RANCHI

(CIVIL WRIT JURISDICTION)

W.P. (C) No. 927 of 2024
Manmohan Kumar Gupta …Petitioner

-:Versus:-

Union of India & Ors. … Respondents

COUNTER AFFIDAVIT ON BEHALF OF THE RESPONDENTS

I, …………………………………………………………………………………………………………………………

………………………………………………………………………………………………………………………………..

…………………………………………………………………………………………………, do hereby

solemnly affirm and state as follows:-

1. That I am presently posted

…………………………………………………………….., and hence I am well

acquainted with the facts and circumstances of

the instant case.

2. That I have gone through the contents of the

writ petition, which I have understood the same

fully.

3. That the writ petition filed by the petitioner

is misconceived and devoid of any merit either in

 2

law or on facts and therefore, the same is liable

to be dismissed.

4. That the respondent authority craves leave to

this Hon’ble Court to file a supplementary

counter affidavit, if so required or as and when

directed to this Court.

5. That is submitted that CISF No.024770035

Insp/Exe Manmohan Kumar Gupta (thereafter called

as petitioner) formerly of CISF Unit, HEC, Ranchi

and presently posted at CISF Unit NCL Singrauli

was appointed in CISF on 13.12.2002 and

previously he was posted in the strength of CISF

ES HQrs., Ranchi from 02.04.2017. Further as per

IG/ES HQrs Ranchi SO Part-II No.37/2022 issued

vide letter No.E-38014/CISF/ES(R)/ESTT/IUT-

2022/2022/1938 dated 20.04.2022 the petitioner

was earmarked for posting in Inter Unit Transfer-

2022 (IUT) from CISF IG/ES HQrs., Ranchi to CISF

Unit HEC Ranchi as mentioned at Sl No.23 for 01

 3

year only and the petitioner was relieved from

CISF IG/ES HQrs., Ranchi to CISF Unit HEC Ranchi

on 31.05.2022(A/N) vide CISF IG/ES HQrs., Ranchi

Movement Order No.(2678) dated 31.05.2022 and he

was posted in the strength of CISF Unit HEC

Ranchi from 01.06.2022.

Photocopy of the

letter dated

20.04.2022 and order

no. 2678 dated

31.05.2022 are

herewith annexed and

marked as Annexure-A

and B to this

affidavit.

6. That during posting at CISF ES HQrs., Ranchi the

petitioner had submitted his application dated

28.04.2022 regarding allotment of family

quarters, addressed to Dy. Commandant, CISF Unit

 4

HEC Ranchi and the same was received by CISF Unit

HEC Ranchi from CISF ES HQrs., Ranchi vide letter

No.PR-13022/ES/ESTABLISHMENT/2022-2113 dated

02.05.2022.

Photocopy of the

application dated

28.04.2022 and letter

dated 02.05.2022 are

herewith annexed and

marked as Annexure-C

and D to this

affidavit.

7. That it is stated that according to the CISF

Rule in Chapter-XII under Rule No.61 of Point

No.1 is mention here that “Normally, the

undertaking where the Force has been deputed

shall provide accommodation in the township

itself to all Supervisory officers and at the

rate of 45 percent married and 55 percent

 5

unmarried or as amended by the Central Government

from time to time, to the enrolled members of the

Force”. However, CISF Unit HEC Ranchi has

authorized strength in rank of Insp/Exe are-03,

Out of 03, 01 Insp/Exe is authorized for family

accommodating @ 45% as per seniority. 01

authorized family quarter was already issued to

CISF No.031630072 Insp/Exe Om Prakash who had

joined at this unit on 01.06.2021. On receipt of

the application of petitioner and after his

physical joining in this unit his seniority was

maintained as 01 No. in seniority list of

quarters at unit level.

Photocopy of the CISF

Rule is herewith

annexed and marked as

Annexure-E to this

affidavit.
 6

8. Further, in the meanwhile as per IG/ES HQrs

Ranchi SO Part-II No.38/2023 issued vide letter

No.E-38014/CISF/ES(R)/ESTT-1/IUT-39494-(E) dated

27.04.2023 the petitioner was earmarked for

posting in Inter Unit Transfer-2023 (IUT) from

CISF Unit HEC Ranchi to CISF Unit NCL Singrauli

as mentioned at Sl. No.17 and the petitioner was

relieved from CISF Unit HEC Ranchi to CISF Unit

NCL Singrauli on 31.05.2023 (AN) vide CISF Unit

HEC Ranchi Movement Order No.(2201) dated

31.05.2023.

Photocopy of the

letter dated

27.04.2023 and

movement order dated

31.05.2023 are

herewith annexed and

marked as Annexure-F
 7

and G to this

affidavit.

9. That thereafter, the petitioner had submitted

his application after relieving from CISF Unit

HEC Ranchi on 06.06.2023 regarding Reduce HRA and

the same has been received by CISF Unit HEC

Ranchi on 06.06.2023. Since the application was

submitted when he had already been relieved from

the unit to his new place of posting & due to

some observations, application submitted by the

petitioner regarding Reduce HRA was returned to

the individual vide this office letter No.

(2803) dated 05.07.2023.

Photocopy of the

letter dated

05.07.2023 is herewith

annexed and marked as

Annexure-H to this

affidavit.
 8

10. That the further information regarding return of

said application submitted by the petitioner was

also informed by I/c Quarter Master to petitioner

over Mobile phone. Again, the petitioner had

submitted his application dated 01.08.2023

regarding payment of reduce HRA for the period

from 01.06.2022 to 30.05.2023, addressed to Sr.

Commandant, CISF 2nd RB Ranchi and the same was

sent to Sr. Commandant, CISF 2nd RB Ranchi from

CISF Unit NCL Singrauli vide their letter

No.5804-(E) dated 02.08.2023. Further, the

Commandant, CISF 2nd RB Ranchi had requested CISF

Unit HEC Ranchi vide their letter No.25131-(E)

dated 26.08.2023 to send application status of

Reduce HRA of the petitioner.

Photocopy of the

application dated

01.08.2023 and letter

dated 26.08.2023 is
 9

herewith annexed and

marked as Annexure-I

and J to this

affidavit.

11. That further a reply was sent to Commandant,

CISF 2nd RB Ranchi by CISF Unit HEC Ranchi vide

letter No.(3610) dated 30.08.2023 and a copy was

also sent to the unit of the petitioner that the

reply on petitioner’s application dated

06.06.2023 had already been informed to the

petitioner vide CISF Unit HEC Ranchi letter No.

(2803) dated 05.07.2023.

Photocopy of the

letter dated

30.08.2023 is herewith

annexed and marked as

Annexure-K to this

affidavit.
 10

12. That it is submitted that in the instant writ

petition, Union of India through the Secretary,

Ministry of Home Affair, Government of India, New

Delhi is earmarked as Respondent No. 01.

Secretary MHA, is not concerned with day to day

work of CISF. As such a matter relating to the

service conditions of the CISF employees Director

General/CISF is the competent authority, on the

notice issued or a court order is passed.

Therefore, the name of Secretary, MHA may be

removed from the list of Respondents.

13. That with regard to the statement made in para-1

and 2 to the petition under reply it is stated

that the CISF No.024770035 Insp/Exe Manmohan

Kumar Gupta (thereafter called as petitioner)

formerly of CISF Unit, HEC, Ranchi and presently

posted at CISF Unit NCL Singrauli was appointed

in CISF on 13.12.2002 and previously he had

posted in the strength of CISF ES HQrs., Ranchi

 11

from 02.04.2017. Further as per IG/ES HQrs Ranchi

SO Part-II No.37/2022 issued vide letter No.E-

38014/CISF/ES(R)/ESTT/IUT-2022/2022/1938 dated

20.04.2022 (Annexure-A) the petitioner was

earmarked for posting in Inter Unit Transfer-2022

(IUT) from CISF IG/ES HQrs., Ranchi to CISF Unit

HEC Ranchi as mentioned at Sl No.23 for 01 year

only and the petitioner was relieved from CISF

IG/ES HQrs., Ranchi to CISF Unit HEC Ranchi on

31.05.2022(A/N) vide CISF IG/ES HQrs., Ranchi

Movement Order No.(2678) dated 31.05.2022

(Annexure-B) and he was posted in the strength of

CISF Unit HEC Ranchi from 01.06.2022. However,

during posting at CISF ES HQrs., Ranchi the

petitioner had submitted his application dated

28.04.2022 (Annexure-C) regarding allotment of

family quarter, addressed to Dy. Commandant, CISF

Unit HEC Ranchi and the same was received by CISF

Unit HEC Ranchi from CISF ES HQrs., Ranchi vide

 12

letter No.PR-13022/ES/ESTABLISHMENT/2022-2113

dated 02.05.2022 (Annexure-D). According to the

CISF Rule in Chapter-XII under Rule No.61 of

Point No.1 is mention here that “Normally, the

undertaking where the Force has been deputed

shall provide accommodation in the township

itself to all Supervisory officers and at the

rate of 45 percent married and 55 percent

unmarried or as amended by the Central Government

from time to time, to the enrolled members of the

Force” (Annexure-E). However, CISF Unit HEC

Ranchi has authorized strength in rank of

Insp/Exe are-03, Out of 03, 01 Insp/Exe is

authorise for family accommodating @ 45% as per

seniority. 01 authorized family quarter was

already issued to CISF No.031630072 Insp/Exe Om

Prakash who had joined at this unit on

01.06.2021. On receipt of the application of

petitioner and after his physical joining in this

 13

unit his seniority was maintained as 01 No. in

seniroty list of quarters at unit level.

Further, in the meanwhile as per IG/ES HQrs

Ranchi SO Part-II No.38/2023 issued vide letter

No.E-38014/CISF/ES(R)/ESTT-1/IUT-39494-(E) dated

27.04.2023 (Annexure-F) the petitioner was

earmarked for posting in Inter Unit Transfer-2023

(IUT) from CISF Unit HEC Ranchi to CISF Unit NCL

Singrauli as mentioned at Sl No.17 and the

petitioner was relieved from CISF Unit HEC Ranchi

to CISF Unit NCL Singrauli on 31.05.2023 (AN)

vide CISF Unit HEC Ranchi Movement Order No.

(2201) dated 31.05.2023 (Annexure-G). Thereafter,

the petitioner had submitted his application

after relieving from CISF Unit HEC Ranchi on

06.06.2023 regarding Reduce HRA and the same has

been received by CISF Unit HEC Ranchi on

06.06.2023. Since the application was submitted

when he had already been relieved from the unit

 14

to his new place of posting. Due to some

observations, application submitted by the

petitioner regarding Reduce HRA was returned to

individual vide this office letter No.(2803)

dated 05.07.2023 (Annexure-H). Further,

information regarding return of said application

submitted by the petitioner has also informed by

I/c Quarter Master to petitioner over Mobile

phone. Again the petitioner had submitted his

application dated 01.08.2023 (Annexure-I)

regarding payment of reduce HRA for the period

from 01.06.2022 to 30.05.2023, addressed to Sr.

Commandant, CISF 2nd RB Ranchi and the same was

sent to Sr. Commandant, CISF 2nd RB Ranchi from

CISF Unit NCL Singrauli vide their letter

No.5804-(E) dated 02.08.2023. Further, the

Commandant, CISF 2nd RB Ranchi had requested CISF

Unit HEC Ranchi vide their letter No.25131-(E)

dated 26.08.2023 (Annexure-J) to send application

 15

status of Reduce HRA of the petitioner. Further,

a reply was sent to Commandant, CISF 2nd RB

Ranchi by CISF Unit HEC Ranchi vide letter No.

(3610) dated 30.08.2023 (Annexure-K) & a copy was

also sent to the unit of the petitioner that

the reply on petitioner’s application dated

06.06.2023 had already been informed to the

petitioner vide CISF Unit HEC Ranchi letter No.

(2803) dated 05.07.2023.

14. That with regard to the statement made in para-3

to the petition under reply it is stated that the

same require no comment.

15. That with regard to the statement made in para-4

to the petition under reply it is stated that

CISF No. 024770035 INSP/Exe Manmohan Kumar Gupta

(thereafter called as petitioner) formerly of

CISF Unit, HEC, Ranchi and presently posted at

CISF Unit NCL Singrauli was appointed in CISF on

13.12.2002 and previously he was posted in the

 16

strength of CISF ES HQrs., Ranchi from

02.04.2017. Further he had posted in the strength

of CISF Unit HEC Ranchi from 01.06.2022 to

31.05.2023 for 01 year.

16. That with regard to the statement made in para-5

to the petition under reply it is stated that the

same is replied in earlier paragraph.

17. That with regard to the statement made in para-6

to the petition under reply it is stated that the

same is replied in earlier paragraph.

18. That with regard to the statement made in para-7

to the petition under reply it is stated that the

same is replied in earlier paragraph.

19. That with regard to the statement made in para-8

to the petition under reply it is stated that the

same is replied in earlier paragraph. Further it

is also intimated that the ‘e-awas’ portal

facility is presently available in MHA funded

HQrs/Bn./RTCs only.
 17

20. That with regard to the statement made in para-9

to the petition under reply it is stated that

during posted at CISF IG/ES HQrs., Ranchi the

petitioner was already a family member and the

same has been marked in his posting Movement

order No.(2678) dated 31.05.2022. As per movement

order he was family member and residing in

working station at Ranchi. It is also intimated

that he has not submitted any application

regarding HRA/Reduce HRA during his entire

posting period at CISF Unit HEC Ranchi (from

01.06.2022 to 31.05.2023). If any force

personnels submits application regarding reduced

HRA, the residing address of the dependent family

members mentioned in application is mandatorily

verified and reduced HRA is sanctioned to the

applicant. HRA is not granted to personnel at HEC

Ranchi as sufficient Quarters (@45% of sanctioned

 18

strength) are available for all ranks in the

unit.

21. That with regard to the statement made in para-

10 to the petition under reply it is stated that

as per IG ES HQrs Ranchi SO Part-II No.38/2023

issued vide letter No.E-38014/CISF/ES (R)/ESTT-

1/IUT-39494-(E) dated 27.04.2023 the petitioner

was earmarked for posting in Inter Unit Transfer-

2023 (IUT) from CISF Unit HEC Ranchi to CISF Unit

NCL Singrauli as mentioned at Sl No.17 and the

petitioner was relieved for his new place of

posting to CISF Unit NCL Singrauli on 31.05.2023

vide CISF Unit HEC Ranchi Movement Order No.

(2201) dated 31.05.2023.

22. That with regard to the statement made in para-

11 to the petition under reply it is stated that

the petitioner should have submit application of

reduced HRA but in fact he had not submitted any

application for grant of reduced HRA to him

 19

during his entire posting period (wef 01.06.2022

to 31.05.2023) at CISF Unit HEC Ranchi. He has

submitted only application dated 28.04.2022

regarding allotment of family accommodation at

CISF unit HEC Ranchi and the same was received by

this unit from IG/ES HQr Ranchi vide. Letter No.

(2113) dated 02.05.2022. Since no application for

reduced HRA with address was submitted by the

petitioner, no verification has been made at unit

level regarding HRA / reduced HRA.

23. That with regard to the statement made in para-

12 to the petition under reply it is stated that

the same is replied in earlier paragraph.

24. That with regard to the statement made in para-

13 to the petition under reply it is stated that

the same is replied in earlier paragraph.

25. That with regard to the statement made in para-

14 to the petition under reply it is stated that

the same is replied in earlier paragraph.

 20

26. That with regard to the statement made in para-

15 to the petition under reply it is stated that

the same require no comment.

27. That with regard to the statement made in para-

16 and 17 to the petition under reply it is

stated that the same are already replied in

earlier paragraph.

28. That with regard to the statement made in para-

18 to the petition under reply it is stated that

the same require no comment.

29. That with regard to the statement made in para-

19 and 20 to the petition under reply it is

stated that the same are already replied in

earlier paragraph.

30. That with regard to the statement made in para-

21 to the petition under reply it is stated that

various grievance portals are available at

department level for solution of his case, but

the petitioner not move through the same.

 21

31. That with regard to the statement made in para-

22 to the petition under reply it is stated that

the same require no comment.

32. That with regard to the statement made in para-

23 to the petition under reply it is stated that

the same are already replied in earlier

paragraph.

33. That the answering respondents reserves all their

rights to file further affidavit as and when

required or if so directed this Hon’ble Court.

34. That this counter affidavit is being filed bonafide

and in the interest of justice.

35. That the contents of the Counter Affidavit have been

read over to me, which I understood fully.

36. That the statements made in paragraphs

……………………………………….… are true to my knowledge. Those

made in paragraphs …………………………..……… are based on

information derived from the records of the case,

 22

verily believed by me to be true and rest are by way

of submissions before this Hon’ble Court.

37. That the annexures are photo/true/certified/

original copy of their respective originals.

Verified, sworn and signed by me

on ..........day of ................., 2024 at

Jharkhand High Court, Ranchi.