AJAY KUMAR DATTA Vs. UNION OF INDIA

JUDGEMENT

(1.) Rule DB. The writ petition is taken up for final hearing. We have gone through the pleadings and the copy of the counter affidavit which is taken on record.

(2.) The petitioner complains in this writ petition of the damages levied for his alleged overstay in pool accommodation from 1st July, 1999 to 10th October, 1999. The petitioner was at the relevant time serving in the Army's Medical Corps as a Lt. Colonel and was allotted pool accommodation in Dhaula Kuan. In the month of November, 1998 the petitioner was transferred to Assam. This writ petition challenges the recovery of a sum of Rs.53,545/- recovered as damages for the said period from the petitioner.

(3.) The learned counsel for the petitioner has relied on the grant of concessions dated 12th November, 1997 sanctioned by the Hon'ble President of India to all ranks of units located at Assam and Tripura. The relevant portion of the said concessions reads as follows:-