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1996 DIGILAW 690 (SC)

T. N. Tiwari v. Union of India

1996-03-15

G.B.PATTANAIK, S.C.AGRAWAL

body1996
ORDER : S.C. Agrawal, J. 1. Leave granted. 2. These appeals relate to allotment of residential accommodation to the appellant who is a railway employee. The appellant was initially appointed as Diesel Cleaner on 19-3-1979 and he was promoted as Electrical Fitter (a post in the essential cadre) at the Diesel Shed at Tughlakabad. While thus employed he has got himself registered for allotment of railway quarter (Type-II) on 24-1-1987 in the priority register. Vide order dated 3-11-1993 the appellant was medically decategorised and was posted as Clerk (non-essential cadre) at Tughlakabad. The case of the appellant is that in view of Rule 4(g) of the relevant rules governing allotment of railway quarters in Northern Railway, if the classification of the employee is changed due to posting at the same station either from essential or non-essential cadre or vice versa, it must be brought to the priority register by transfer and for the purpose of priority, the original date of application will be held good. The case of the appellant is further that in view of his transfer from essential to non-essential cadre in 1993, his name should have been brought in the priority register of non-essential cadre keeping in view the date of the registration of his application, i.e., 24-1-1987. The learned counsel for the appellant has submitted that on the basis of the said date, the appellant is entitled to allotment of a Type-II quarter and he has invited our attention to the proposal dated 5-3-1994 made by the Divisional Mechanical Engineer regarding allotment of a Type-II quarter to the appellant on the view that the appellant qualifies for allotment of house from pool of quarter in GPO/DSL/TAD. The learned counsel has also pointed out that on two occasions Type-II railway quarters were sought to be allotted to the appellant but on account of the opposition by the trade unions, the allotment could not be made to the appellant. 3. Having regard to the facts and circumstances aforementioned, it must be held that the appellant is entitled to allotment of a Type-II quarter on the basis of registration dated 24-1-1987 in the priority register. The respondents are, therefore, directed to make an allotment of a Type-II quarter to the appellant on the basis of his registration dated 24-1-1987 in the priority register. The respondents are, therefore, directed to make an allotment of a Type-II quarter to the appellant on the basis of his registration dated 24-1-1987 in the priority register. It is stated that the appellant is at present staying in a quarter which was allotted to one Chhanga Mal who has now retired from service and that the said quarter is available for allotment. The authority concerned will consider the entitlement of the appellant for allotment of a Type-II quarter and take a decision regarding allotment of the said quarter or any other Type-II quarter to the appellant within a period of two months. The appellant will be permitted to remain in occupation of the quarter which is in his occupation at present till then. The appeal is disposed of accordingly. No orders as to costs. Appeal allowed.