(1.) Whether the petitioner, who at all material times was and still is working as Sqn Ldr in the Directorate of Technical Development and Production ( AIR), in short DTD&P (AIR) now known as Directorate General of Aeronautical Quality Assurance (DGAQA) under the Ministry of Defence at New Delhi, is entitled to retain a quarter allotted to him on temporary basis, is the question involved in this writ petition.
(2.) The petitioner was appointed as Pilot Officer in the Indian Air Force. He was later on posted in the DGAQA. He was allotted quarter No. 234 Dhaula Kuan-11, New Delhi from 2-8- 1995 which was occupied by him on 8-8-1995. It is not in dispute that he now stands permanently seconded to DGAQA w.e.f.10.1.1998 in terms of the extant rules. The petitioner in the year 1999 was promoted to the rank of Wg.Cdr.
(3.) On or about 30-11-2000 he received a communication to the effect that he. having been permanently seconded to DGAQA w.e.f. 10.1.1998, was not entitled to regular defence pool accommodation. It was stated therein that the petitioner was liable to be charged market rent by way of damages, inter alia, on the ground that he ceased to be in the regular service of the Indian Air Force under the first respondent. In his reply dated 7-12-2000, the petitioner disputed that he ceased to be a regular officer of Indian Air Force on his permanent secondment to DGAQA, inasmuch as : (i) he continued to be a commissioned officer of the Indian Air Force in uniform; (ii) he continued to be governed by the provisions of the Air Force Act, 1950, and the rules and regulations made thereunder and (iii) all his pay and allowances were paid by the Indian Air Force from their budget allocation in the same way as he used to get his pay and allowances prior to his permanent secondment.