Sunil Dutt Force No. 035260283 v. Union of India Thru Prin. Secy. Defense (C. R. P. F. )
2017-02-20
DEVENDRA KUMAR UPADHYAYA
body2017
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JUDGMENT Devendra Kumar Upadhyaya,J. Short counter affidavit on behalf of respondents and rejoinder affidavit on behalf of petitioner filed today, are taken on record. Heard learned counsel for the petitioner and Sri S.B. Pandey, learned Assistant Solicitor General of India appearing for the respondents. It has been stated by Sri S.B.Pandey on the basis of signal message received that the petitioner has submitted his joining on 14.02.2017 at Jammu & Kashmir. Learned counsel for the petitioner has, however, stated that the petitioner had reported his duty on 01.02.2017. The joining of the petitioner is not the subject matter herein, hence the Court refrains from making any observation in that regard. Submission of learned counsel for the petitioner is that in terms of the provisions contained in Clause 27 (a) of the Circular dated 30.11.2015 issued by the office of the Directorate General, Central Reserve Police Force, New Delhi, retention of the government accommodation in this case will be extendable till petitioner's posting at Jammu & Kashmir. Sri Pandey, however, states that said retention of the government accommodation at Lucknow will be extendable till petitioner's posting at Jammu & Kashmir, however, such retention shall be subject to certain conditions laid down in Clause 27(a) of the said Circular dated 30.11.2015 itself. According to Clause 27(a) of the Circular dated 30.11.2015 extension of retention of government accommodation is permissible subject to the condition that retention shall be purely on merit and that case of retention shall be restricted to 25% of the available quarter in each category. Accordingly, this writ petition is finally disposed of with the direction to the competent authority to consider the claim of the petitioner for retention of accommodation at Lucknow in terms of the provisions contained in Circular dated 30.11.2015. For the aforesaid purpose, the petitioner shall be at liberty to make a representation to the competent authority within one week from today, taking therein all the pleas which may be available to him and annexing therewith all the documents on which he intends to rely. The competent authority on receipt of the said representation along with certified copy of this order shall thereafter consider the claim of the petitioner and take appropriate decision thereon by passing reasoned and speaking order within further period of two months. The decision so taken shall also be communicated to the petitioner.
The competent authority on receipt of the said representation along with certified copy of this order shall thereafter consider the claim of the petitioner and take appropriate decision thereon by passing reasoned and speaking order within further period of two months. The decision so taken shall also be communicated to the petitioner. It is further directed that till disposal of the representation which may be made by the petitioner under this order, the petitioner's family shall not be disturbed from the government accommodation at Lucknow. It is further directed that till decision on the representation to be preferred by the petitioner in terms of this order is taken, the petitioner shall be liable to pay usual rent and not the rent at market rate or any penalty etc. No order as to costs.