COLLECTOR M C GAUTAM Vs. UNION OF INDIA

JUDGEMENT

(1.) This order will dispose of Civil Writ Petitions 3044, 3045, 3056, 3219, 3220 and 3467 of 1989, 977 and 3677 of 1990 and 32, 33, 34 and 35 of 1991. The common question involved in all these writ petitions is whether the officers who have been allotted married accommodation by the Army Headquarters can be asked to shift to another accommodation when they proceed on study leave.

(2.) In order to appreciate the contentions raised in these writ petitions, for conveniene, we refer to the facts mentioned in C.W. 35/91 (Col. M. C. Gautam v. Union of India). The facts of the other petitions are the same except that orders with regard to them were passed on different dates.

(3.) Col. Gautam was posted in the Army on 7th December, 1987. In April, 1989, he was allotted regular residential accommodation meant for married officers. Prior to this he had been allotted single accommodation, with which fact we are not concerned at the present moment. The petitioner like the other petitioners in the other petitions, applied to the Army HQs for being granted study leave. The petitioner wanted to pursue higher studies. The permission sought for was granted and, for administrative purpose, the petitioner was attached to the Army HQs during the study leave. The petitioner was then served with a letter dated 5th December, 1990, requiring him to vacate his regular married accommodation which had been allotted to him and he was asked to shift to an alternative accommodation which was provided. The grievance of the petitioner is that such letter written to him, asking him to shift to alternative accommodation is unwarranted.