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2002 DIGILAW 1089 (JHR)

Bimalendu Kumar Chatterjee v. Bccl

2002-10-03

HARI SHANKAR PRASAD, M.Y.EQBAL, SUDHANSU JYOTI MUKHOPADHAYA

body2002
ORDER S.J. Mukhopadhaya, J. 1. The writ petition has been preferred by petitioner-Bimalendu Kumar Chatter]ee for direction on the respondents to allot him B type Quarters in Koyla Nagar, P.S. Saraidhella, District-Dhanbad, he being eligible for such quarters. 2. Prayer has also been made to set aside the order contained in Memo No. BCCL/CA/ES/2002/F-49/287, dated 15th April, 2002 whereby the 3rd respondent. Chief of Administration, BBCCL, Dhanbad has rejected the claim being not maintainable as per House Allotment Rules. 3. The case of petitioner is that he is serving in BCCL since 1971 and transferred from one place to another during last 20 yeas. In view of frequent transferee has not been allotted B type quarters to which he is entitled. 4. According to petitioner, the quarters are allotted on the basis of gradation list. The petitioner was earlier allotted a quarter which is meant for Class-IV employees within Koyla Nagar, Dhanbad. His name was appearing at Serial No. 43 of the seniority list. When his turn came, the petitioner was transferred from Koyla Nagar to Central Hospital, Dhanbad. Thereafter, the petitioners name was deleted from the final seniority list. The persons Junior to petitioner were allotted better quarters. Similarly, a number of persons were transferred to Central Hospital, Dhanbad or from Central Hospital, Dhanbad to Koyla Bhavan, Dhanbad, they were allowed to retain their quarters at Koyla Nagar or Central Hospital, Dhanbad. In the case of petitioner, he having not allotted a quarters of Group-B, according to his status, had to move before this Court in WP (S) No. 1610 of 2002 wherein alter in pursuance of Courts order dated 18th April. 2002, the petitioner preferred representation which has been rejected by order dated 15th April, 2002 on the ground that the petitioners name does not exist in the seniority list of persons entitled for allotment of Group-B quarters in Koyla Nagar Complex. 5. According to counsel for the respondents, there are separate zones for allotment of quarters, the Jagjiwan Ganar Zone is for those who are posted in Central Hospital, Dhanbad, HRD Department, M.D. Department. Civil Maintenance in Jagjiwan Nagar Township and Security for Jagjiwan Nagar Township. Reliance was placed on Office Order No. 1199 dated 28th May. 1990. 6. 5. According to counsel for the respondents, there are separate zones for allotment of quarters, the Jagjiwan Ganar Zone is for those who are posted in Central Hospital, Dhanbad, HRD Department, M.D. Department. Civil Maintenance in Jagjiwan Nagar Township and Security for Jagjiwan Nagar Township. Reliance was placed on Office Order No. 1199 dated 28th May. 1990. 6. There being nothing on the record to suggest that a policy decision has been taken to allot quarters in different Zones including Koyla Nagar Zone, the respondents were allowed time to file additional affidavit. Though supplementary affidavit has been filed enclosing a copy of guide line for allotment of quarters but the respondents failed to bring on record that any pool/Zone for allotment of quarters of Koyla Nagar has been created for its allotment from amongst a particular class of employees, such as those posted in Koyla Bhavan. 7. Admittedly, the Koyla Bhavan and Central Hospital both are situated in the town and district of Dhanbad. There is nothing on the record that the quarters at Koyla Nagar, Dhanbad are only meant for those posted in Koyla Bhavan. The petitioner has given examples of persons, such as Sri U.S. Karan, R.P. Saroj and Dr. A.K. Choudhary, posted in Central Hospital, Dhanbad but are residing at quarters allotted in Koyla Nagar, Dhanbad. Similarly, Sri Yogendra Jha, Onkar Singh and Smt. Dhira Neogi though posted at Koyla Bhavan, but they are residing in quarters of Jagjiwan Nagar, Dhanbad. 8. The respondents have not made it clear how seniority in the cadre has any relevancy with allotment of quarters which has no nexus with such allotment. For example, a junior person, if posted at Dhanbad and applied for allotment of quarters is waiting for years together for his turn, how a senior, if posted after number of years, can claim preference in the matter of allotment of quarter, though posted at the place later on and applies later. 9. It is also not clear how the name of petitioner can be excluded from a seniority list, as stated in the impugned order dated 15th April, 2002, merely on the ground that the petitioner has been transferred from Koyla Bhavan to Central Hospital, Dhanbad. 10. In the facts and circumstances, I feel that the matter requires re- consideration. 11. 9. It is also not clear how the name of petitioner can be excluded from a seniority list, as stated in the impugned order dated 15th April, 2002, merely on the ground that the petitioner has been transferred from Koyla Bhavan to Central Hospital, Dhanbad. 10. In the facts and circumstances, I feel that the matter requires re- consideration. 11. The issues aforesaid having not discussed, nor determined by the Chief of Administrator, Dhanbad, the letter No. BCCL/CA/ES/2002/F-49/287, dated 15th April, 202 is set aside. The case is remitted with direction to the respondents to consider the case of petitioner for allotment of a quarters of his status (Group-B) at any place where the petitioner is entitled i.e. Koyla Nagar Zone or Jagjiwan Nagar Zone and communicate the decision to petitioner within a period of two months from the date of receipt/production of a copy of this order. 12. If the petitioner is not entitled for a quarters in Koyla Nagar Zone but is entitled for a quarters in the Jagjiwan Nagar Zone and there is no quarters vacant in Jagjiwan Nagar Zone, the Chief of Administrator, Dhanbad will ensure that the person, if any posted in Koyla Bhavan is residing in a quarters in Jagjiwan Nagar Zone, vacates such quarters to accommodate those who are entitled for allotment of quarters in Jagjiwan Nagar Zone, Dhanbad. 13. The writ petition is allowed, with the aforesaid observations.