STATE OF ORISSA Vs. GOPINATH DASH

JUDGEMENT

(1.) Challenge in this appeal is to the judgment rendered by a Division Bench of the Orissa High Court holding that the policy decision taken by the State in the matter of allotment of quarters by rotation basis was illegal.

(2.) Adumbrated in brief the factual background as projected by the appellants is as follows :- An executive order was passed by the Deputy Inspector General of Police vide his D.O. letter No. 4322/SAP in furtherance of a policy-decision that quarters were to be allotted to all the Orissa State Armed Police Personnel for a minimum period of three years. This order was passed keeping in view the dearth of family accommodation which at the relevant point of time was an acute problem for the Orissa State Armed Police Battalion. It was also done with a view to ensure that every police personnel enjoyed the facility of rent-free accommodation and that is why it was done on rotational basis. The practice had continued uninterruptedly for a long time. Military police establishments normally function in a separate camp where provisions are made for all the personnel to be given, residential accommodation. Therefore, the system was developed to ensure that the employees are provided with quarters for a given period and after completion of that period they are required to vacate the quarters. This would enable other employees who are deprived of quarters can get quarters so vacated. Contractual agreements were entered into between the employer and the employees when they were given Government accommodation. Questioning legality of the orders the respondents along with one Kirtan Behari Swain who has expired in the meantime filed an Original Application before the Orissa Administrative Tribunal (in short the Tribunal). The same was registered as OA No.758/1989. Challenge in the application was to the system of allotment of quarters by rotation. Subsequently, another application was filed challenging the system of allotment of quarters. The same was numbered as OA 1250 of 1991. The Tribunal dismissed OA No.758/1989 holding that it had no jurisdiction to consider the matter as the same was a dispute related to allotment of quarters which is not covered by the Special Accommodation Rules as provided in the Orissa Service Code (in short Service Code). In Original Application No.1250/1991 after appreciating that the rotational system of allotment of quarters was in the interest of the employees, the Tribunal dismissed the application in view of the dismissal of the other Original Application. It was held that since quarters were allotted by contractual allotments, the Special Accommodation Rules do not apply. Thereafter 21 persons filed writ petition before the High Court which was registered as O.J.C.No.6383 of 1992. One of the writ petitioners was Panchu Sahu who was also one of the applicants in O.A.No.1250/1991. After dismissal of O.A. No. 758/1989, the applicants before the Tribunal filed writ petition O.J.C. No. 3193 of 1992. The Writ Petition No. 6383/1992 was dismissed as withdrawn on 7-7-1994. It was noticed by the Division Bench that since the Bench was not inclined to entertain the writ petition, the writ-petitioners wanted to withdraw the petition. In writ petition No.O.J.C. 3193/1992 the High Court by its impugned judgment dated 8-8-1996 held that the policy-decision of allotment of quarters on rotational basis was contrary to and inconsistent with justness and fair play.

(3.) In support of the appeal, learned counsel for the appellants submitted that the approach of the High Court is clearly erroneous. It failed to notice that the policy-decision of the Government is not to be lightly interfered with. The High Court did not indicate any justifiable reason to quash the policy decision.