ANUP KUMAR SRIVASTAVA Vs. UNION OF INDIA

JUDGEMENT

(1.) The writ petition and the connected contempt petition concern the Petitioner's entitlement to Government accommodation. The case of the Petitioner is that although he was at serial No. 1 in the General Pool category and was entitled to a 5A type house either at Ashoka Road or Mahadev Road, the accommodation at 60, Ashoka Road which fell vacant was allotted to Respondent No. 3, who is a Member of Parliament ("MP") in the Lok Sabha. The writ petition has been filed challenging the said allotment made in favour of Respondent No. 3.

(2.) This Court by an order dated 6th October 2010 directed that in regard to accommodation at 60, Ashoka Road "till the next date of hearing, status quo as regards possession will be maintained." However, on 19th November 2010 Respondent No. 3 was put in possession of the said accommodation. The Petitioner then filed the aforementioned contempt petition alleging wilful disobedience by the Respondents of this Court's order dated 6th October 2010. Facts

(3.) The Petitioner was appointed as a Commissioner of Central Excise, Customs and Service Tax on 24th October 2004. The Petitioner was transferred from the Commissionerate of Customs, Meerut-II to the Commissionerate Central Excise, Delhi-I on 8th March 2010. In terms of the Allotment of Government Residence (General Pool in Delhi) Rules, 1963 ("General Pool Rules"), the Petitioner was entitled to C-II type General Pool accommodation. He applied for such accommodation on 11th March 2010 and was granted registration No. 10148364 on 12th March 2010. On 7th April 2010 the Petitioner made a representation to the Ministry of Urban Development ("MoUD"), Respondent No. 1, stating that he was willing to accept the accommodation below his entitlement, i.e. a D-II accommodation, provided it was available on the ground floor. He also pointed out that he was suffering from serious heart disease as well as problems in the knee joint because of which he was advised not to climb stairs. He prayed for an out-of-turn allotment on medical grounds. The Petitioner has enclosed with the writ petition copies of his representations dated 7th April 2010, 20th April 2010, 12th May 2010 and 19th May 2010. He states that he did not receive any reply to the representations.