- (1.) Heard Mr. Prabhat Tripathi, petitioner, who appears in person as well as Mr. S.B. Pandey, learned Assistant Solicitor General of India.
(2.) The petitioner, who appears in person, has challenged the order dated 03.10.2015 passed by the Commandant, 91-Battalion, CRPF, GC Lucknow Camous Bijnaur, Lucknow i.e. respondent No.4 and has further prayed to issue direction to the respondents to declare his place of duty at Lucknow as Headquarter in terms of clause-2 of Office Memorandum dated 12.12.1986 as well as Office Memorandum dated 17.10.2013 and give him all consequential benefits.
(3.) The petitioner, initially was selected on the post of Sub-Inspector in 1998, however, in 2003 he was selected on the post of Assistant Commandant through departmental examination and was posted in 132 Battalion at Manipur, thereafter he was transferred to Group Center- NOIDA in November 2006 and was attached with Directorate General, CRPF, New Delhi. Again he was transferred to 131 Battalion and posted at Patna Bihar in 2010. He was promoted to the post of Deputy Commandant and was transferred to 9th Battalion at Gadchiroli (Maharashtra), then he was transferred to 91 Battalion at Lucknow vide order dated 12.07.2011. Thereafter vide order dated 06.08.2013, he was transferred to 217 Battalion at Konta Campus Sukma District- Chattisgarh. The petitioner while posted at Lucknow was paid Detachment Allowance (DA) for about two years, but since Lucknow was never declared as Headquarter, he was not declared to be entitled for detachment allowance nor has been paid the House Rent Allowance and the Transport Allowance. He has also claimed the disparity on the part of the respondents as two officers, Mr. Jayant Paul, Commandant and Mr. Shailendra Kumar, Commandant while posted at Lucknow had been given family quarters, but the petitioner was not allowed to get (HRA) House Rent Allowance.;