AJAY CHOUDHARY Vs. GOVT OF NCT OF DELHI

JUDGEMENT

(1.) As the facts and the question arising for my determination in these writ petitions are similar I propose to dispose of all these writ petitions by this common judgment/order .

(2.) The petitioners herein are/were working as Junior and Senior Residents in four different hospitals namely - Maulana Azad Medical College, G.B.Pant Hospital, Lok Nayak Jai Prakash Narayan Hospital and Guru Nanak Eye Centre, which are being run by the Government of NCT of Delhi. The grievance of the petitioners is that according to the Residency Scheme issued by the Central Government under its letter dated 5.6-1992 the petitioners are entitled to free furnished accommodation in addition to the house rent allowance (HRA). Accordingly the prayer in the writ petitions is that the respondents should be directed. not to deduct house rent allowance from the respective salaries of the petitioners as the said action is unlawful, illegal and arbitrary.

(3.) Counsel appearing for the petitioners submitted that the petitioners are provided only a hostel accommodation in the name of allotment of a free furnished accommodation and that also at their own interest towards proper and efficient patient care. The said facility consists of only one room facility in the hostel. Submission is that the respondents have provided the hostel accommodation to the petitioners at their own interest within the vicinity of the hospital so that the petitioners can immediately attend the patients admitted in their respective hospitals in various wards without any loss of time and this exigency makes it obligatory upon the respondents to provide hostel accommodation to all the petitioners irrespective of being Senior Resident or Junior Resident doctors and on that count the respondents cannot deprive the petitioners from getting the benefit of the house rent allowance which is available to them under the provisions of the Residency Scheme.