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Case Analysis Ashok Kumar & Ors vs Government of NCT of Delhi & Anr 2026 DHC 3072-DB

Synopsis

The petitioners, teachers/employees in Delhi government schools, claimed entitlement to HRA and TA. The Delhi High Court in earlier writ petitions (WP(C) 4537/2017 and WP(C) 754/2018) had granted similar benefits to a set of employees. The department implemented those judgments vide a circular dated 25.03.2021, listing the beneficiaries. The petitioners, being identically situated, filed fresh writ petitions after the Central Administrative Tribunal did not grant relief. The government opposed, citing a Supreme Court judgment in State of Punjab v. Jagjit Singh (2015) which, according to them, held that allowances are not payable. The High Court rejected this contention, holding that the Supreme Court’s observation was confined to the specific cases before it, and that the earlier Delhi High Court judgments having been implemented by the department without challenge, the same benefit must be extended to the petitioners. The writ petitions were allowed.


Court: High Court of Delhi at New Delhi

Coram: Hon’ble Mr. Justice C. Hari Shankar and Hon’ble Mr. Justice Om Prakash Shukla (Division Bench)

Date of Decision: 13th April 2026

Citation: W.P.(C) 8331/2021 & W.P.(C) 2165/2022 (2026:DHC:3809 – inferred)

Core Law: Service Law – House Rent Allowance (HRA), Travel Allowance (TA); Precedent – Binding effect of judgments implemented by employer; Interpretation of Supreme Court decisions.


1.  Heading of the judgment

High court of delhi at new delhi

W.p.(c) 8331 of 2021 and w.p.(c) 2165 of 2022, with cm appl. 23996 of 2025

Ashok kumar & ors (petitioners) vs. Government of nct of delhi & anr (respondents)

Coram: hon’ble mr. justice c. hari shankar and hon’ble mr. justice om prakash shukla (division bench)

Date: 13th april, 2026


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