SHANKER RAJU Vs. UNION OF INDIA & ORS.

JUDGEMENT

(1.) THE refusal by the Government of India to allot to the petitioner, who is a Member of the Central Administrative Tribunal (CAT.), Principal Bench, New Delhi, a C -I type official accommodation to which he is entitled has compelled him to file this petition for relief. The Petitioner was appointed as Member (Judicial) at the CAT, Principal Bench, New Delhi on 10th December 2000. In 2001 he was allotted a C -II Type accommodation. It was his understanding, and perhaps correctly, that in terms of the applicable rules and terms and conditions of the service, he was entitled to a C -I type accommodation. This is because the status of a Member, CAT was at the time of his appointment equivalent to the Secretary to the Government of India and he was drawing a pay -scale of Rs. 22,400 -26,000/ - with the basic pay of Rs. 23,600/ -. He accordingly, submitted an application on 28th February 2003 for allotment of a C -1 type accommodation. This request was not acted upon.

(2.) SECTION 10 of the Administrative Tribunals Act 1985 (Act.) states that the salaries and allowances and other terms and conditions of service, including pension, gratuity and other retirement benefits of the Chairman, Vice -Chairman and other Members of CAT was to be prescribed by the Central Government. Section 10 and its proviso read as under:

(3.) THE Directorate of Estates, Ministry of Urban Development & Poverty Alleviation ('MOUD'), Government of India issued an Office Memorandum ("OM") dated 27th April 2004. In para 3(b) of the said OM the manner in which the applicable rules were to be implemented in respect of allotment of Type VI -B/VI -A (CI/CII) were detailed. It was stated that on account of the shortage of General Pool residential accommodation of Type VI -B and above, it had not been possible to provide "entitled type of accommodation to the eligible officers." It was, accordingly, decided that the Secretary to the Government of India and Officers in the rank or pay of Secretaries would be considered for allotment of accommodation "with reference to the earliest date since which they started drawing the fixed emolument of Rs. 26,000/ - per month i.e. date of priority." In case the dates of priority were the same, the inter se seniority of the Secretaries in the waiting list would be determined with reference to their original seniority in the civil list and so on. As regards the Members of the Tribunals it was clarified as under: