H S RANA Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition is directed against the order dated 24/10/2000, passed by the respondents intimating the petitioner that he has to vacate the Government accommodation in his previous Unit IOC Mathura failing which, penal rent would be recovered from the petitioner from his pay from the month of April, 1999.

(2.) The petitioner was earlier posted at IOC Mathura when he was allotted a Government accommodation. The petitioner was later on transferred to CISF Unit Uri, (J&K) on 8/4/1999. The petitioner, however, continued to retain the Government accommodation at Mathura during the entire period when the petitioner was serving at J&K. The petitioner, however, was transferred to Badarpur, Delhi on 1/5/2000 and consequently the aforesaid order was issued on 24/10/2000 directing the petitioner to vacate the Government accommodation retained by him at IOC, Mathura without any delay failing which, it was intimated to him that penal rent would be recovered from his pay.

(3.) Counsel appearing for the petitioner submits that the son of the petitioner was studying in Class XI and his daughter was studying in College when the aforesaid impugned order was passed. He also submits that the petitioner is entitled to retain the Government accommodation at Mathura in terms of the Government Memorandum dated 1/4/1999. He specifically relies upon para 2 thereof which provides that, as a humanitarian measure, personnel who are serving in hard stations of J&K and North-East and whose wards are studying in 10/th, 11th or 12th classes may be allowed to retain quarters in their previous Units which would facilitate them to continue their studies.