S J S CHHATWAL Vs. UNION OF INDIA

JUDGEMENT

(1.) Rule.

(2.) This petition has been filed by the petitioner against cancellation of his allotment of the Government accommodation and charging damage rate of rent for a period of overstay from 1.11.1996 to 4.12.1996 amounting to Rs.17,350.00 at the rate of Rs.15,336.00 per month, after the petitioner became Chairman of the UPSC and on completion of his tenure of five years.

(3.) It has been contended by Mr,Tuisi, learned senior counsel for the petitioner that in terms of Government's own policy, which is reflected in the letter dated 12.2.1992 (Annexure P-2 at page 17 of the paper-book), the petitioner being, a former IFS Officer, who later joined UPSC as Member had not availed the benefit of full retention of any Government accommodation on superannuation from Government and, therefore, like a regular Government officer on his demitting the office of acting Chairman of the UPSC he ought to have been allowed four months stay on retirement. He has further contended that Regulation 16 safeguards the rights, allowances in respect of leave of officers or pension and to those to which he would have been entitled, even if the regulation was not made. He has further contended that in the alternative even if there is no regulation with regard to the condition of service of Chairman and the Members, the same shall be determined by the rules and orders applicable to the Central Government servants of equivalent grades. He laid emphasis oh Regulation 15 of the UPSC Regulations in this regard. Mr.Tulsi has contended that the petitioner was Grade-1 officer of the IFS service. He was posted as Indian Ambassador to Canada at Ottawa and, therefore, paragraph 4 of the letter dated 12.2.1992 written by Secretary, Ministry of Urban Development specifying the eligibility of the Chairman and the Members of the UPSC regarding the accommodation would be applicable in his case.