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2016 DIGILAW 65 (CAL)

Devendra Singh v. Union of India

2016-01-19

SANJIB BANERJEE

body2016
JUDGMENT : Pursuant to the order dated January 4, 2016 a report has been filed by the Commandant, CISF Unit ISP Burnpur. The report says that the rent for the Burnpur quarters retained by the petitioner’s family deducted in the months of October to December, 2015 will be refunded to the petitioner after deduction of electricity and water charges. The petitioner filed WP 4740 (W) of 2015 challenging the petitioner’s transfer to the State of Jammu and Kashmir at a time when the petitioner’s school-going children were due to take their school leaving examinations. It was in such circumstances that the petitioner was permitted to join his transferred place of posting immediately after the conclusion of the examinations. But the order of February 23, 2015 by which the previous petition was disposed of did not specifically provide for the petitioner being deemed to be working at his previous post prior to the petitioner reporting to his transferred post in Jammu and Kashmir. The order of February 23, 2015 also provided, in passing, that the petitioner’s family should vacate the official quarters by April 16, 2015. This observation was made to encourage the petitioner to join the transferred place of posting by April 6, 2015 or suffer the immediate consequence thereof. The order did not take into account a notification of July 14, 2010 under which persons posted in the State of Jammu and Kashmir are entitled to retain the family quarters at the previous place of posting. The present petition has been filed against the demand for rent at market rates for the petitioner’s family occupying the Burnpur quarters which had been allotted to the petitioner at the time of his posting prior to his transfer to Jammu and Kashmir. It was in such circumstances that the previous order of January 4, 2016 came to be made, seeking a report from the Commandant. In view of the stand indicated by the Commandant in the report that the rent deducted from the petitioner’s salary will be refunded to the petitioner, it is observed that no further deductions on account of rent will be made from the petitioner’s salary in respect of the Burnpur quarters till such time that the petitioner remains posted in Jammu and Kashmir or in the North East region or in any area affected by left wing extremism. The petitioner also says that since water and electricity charges were never deducted from the petitioner’s salary nor is any employee required to pay therefor when occupying official quarters, the reference to the deduction in the report is incorrect. If there is any rule that water or electricity charges are not required to be paid by serving members of the Central Industrial Security Force, then no exception should be made in the case of the petitioner and the usual rule should be followed. W.P. 29289 (W) of 2015 is disposed of without any order as to costs. Urgent certified website copies of this order, if applied for, be made available to the parties upon compliance of the requisite formalities.