S R RAJAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners are seeking a writ of mandamus against the respondents for performing their obligations stated to be contained in the note dated 26.7.1997, notice dated 7.7.98 and for directions to transfer the flats in favour of the petitioners located at Nasirpur which are in their occupation.

(2.) The petitioners state that the issue of non-availability of residential accommodation was taken up and was recorded in the proceedings of the Government of Karnataka on 15.9.92 when it was decided that in view of this problem certain incentives to the staff at Karnataka Bhawan should be granted. A monthly HRA of Rs.1,000/- was given till they were provided with official accommodation. The respondents proposed to purchase 25 quarters for the employees of the Karnataka Bhawan and a note was circulated dated 26.7.97 for the employees to communicate their preference for occupying these quarters located at Bindapur, Dwarka Extension. The second paragraph of the note provided as under: -

(3.) The resident commissioner of the Karnataka Bhawan thereafter wrote to the Chief Secretary on 17.11.97 regarding the purchase of DDA flats for the staff. It was stated that a request had been made to the DDA to consider allotment of some houses at Nasirpur but the same was not accepted by the DDA. However, the proposal to allot 25 houses at Bindapur was accepted. It was also stated that members of Karnataka Bhawan Employees' Association had represented that they may be allowed to purchase these houses @ Rs.2.5 lacs by sanctioning the HPA as per eligibility. A request was made to consider sanctioning of the said sum as a special case under the condition that the advance would be paid in certain equal instalments.