SUNITA Vs. ASSISTANT CHIEF OF AIR STAFF

JUDGEMENT

(1.) The Estate Officer/ respondent No. 2, vide order of 29th August, 2006 (Annexure P-2 colly), has directed the petitioner to pay damages @ '7,944/- per month on account of unauthorized occupation of public premises i.e. Quarter No. K-67, in Civil Zone, Camera Complex, Subroto Park, Delhi Cantt., New Delhi (hereinafter referred to as the 'subject premises'). Petitioner had represented against the order (Annexure P-2) to the first respondent, who had rejected petitioner's Representation vide communication of 30th August, 2006, while declining petitioner's request for retention of the subject premises by quoting example of Smt. Annamma Yotannan, Steno GD-II. In the order rejecting petitioner's Representation it was stated by respondents that the instance relied upon by the petitioner was a special case and it was not to be quoted as precedent. Petitioner had preferred statutory appeal against the order (Annexure P-2), which stands dismissed vide impugned order of 11th September, 2007 (Annexure P-1).

(2.) The factual position which is not in dispute stands noted in the impugned order, in which the date from which the damages are to be recovered stands varied from 21st July, 2006 to 11th January, 2007.

(3.) At the hearing of this matter, petitioner's counsel had made a vain effort to rely upon a Circular of the year 1969, to assert that when the transfer is from one department to another department at the same station, then the civilian personnel of the respondent are permitted to retain the Government accommodation allotted to them at the old duty station.