MWO HFO VINOD BIHARI Vs. UNION OF INDIA

JUDGEMENT

(1.) By filing this petition the petitioner has prayed for quashing and setting aside the order dated 1.12.2001 issued by the respondents directing for recovery of an amount of Rs.37,775/- from the petitioner's account, which is sought to be recovered as damages for alleged unauthorised occupation of official accommodation.

(2.) The petitioner was held on the posted strength of Central Civil Servicing Development Organisation, Subroto Park, New Delhi with effect from 14.8.1995 and was brought within the authorised married establishment category for the purposes of allotment of government accommodation from the aforesaid date. In June 2000, he was informed about the completion of five year's of stay in Station Married Quarter (SMQ) by him and was instructed to vacate the SMQ on or before the due date i.e. 14.8.2000 as per Air Headquarter letter dated 30.9.1999. By the aforesaid circular dated 30.9.1999, it was communicated that the period of occupation of allotted quarter would be regulated under the provisions of para 29 of the AFO 6/95. Relevant portion of paragraph 29 reads as follows:

(3.) The petitioner, however, on 10.8.2000 prayed for retention of SMQ beyond five years till 30.9.2001 when he would be superannuating. However, since as per existing policy, retention of SMQ beyond five years was not feasible, it was intimated to the parent unit of the petitioner and also the petitioner that if the petitioner fails to vacate the SMQ by due date, he will be declared unauthorised occupant of the said accommodation.