DELHI DEVELOPMENT AUTHORITY Vs. ARUN MISHRA

JUDGEMENT

(1.) Present writ petition has been filed by the Delhi Development Authority (hereinafter referred to for short as "DDA") being aggrieved by the order dated 09.07.2015 passed by the Central Administrative Tribunal (hereinafter referred to for short as "CAT") and subsequent order by which the interim order granted on 9.7.2015 has been continued.

(2.) Learned counsel for the petitioner submits that the Tribunal has failed to consider that the OA filed by the respondent herein is not maintainable in view of the settled position of law as decided by the Supreme Court of India in the case of Union of India v. Rasila Ram & Ors., 2001 10 SCC 623 and Division Bench judgments of this Court in the case of Smt. Babli & Anr. v. Govt. of NCT of Delhi & Ors., 2002 95 DLT 144 (DB) and UOI & Ors. v. Dr. Jagdish Saran, 2005 84 DRJ 690 (DB) and the order passed by the Tribunal itself.

(3.) It is pointed out that the respondent was working with the DDA as a deputationist. The period of deputation came to an end on 30.06.2014. As the respondent did not vacate the official accommodation, proceedings under the Public Premises (Eviction of Occupants) Act, 1971(hereinafter referred to for short as "PP Act") were initiated. Notice was issued to the respondent under the PP Act. Reply was filed and thereafter a final order of vacation of the accommodation was passed.