RAM KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner is presently working as Assistant Director (Horticulture) in CPWD. He had joined the service of CPWD as Section Officer (Horticulture) on 7.2.1983. While working as Section Officer, he was transferred to Dehradun w.e.f 27.4.1998 and was re-transferred to Delhi vide transfer order dated 30.3.2001. During pendency of present writ petition, he has been promoted to the post of Assistant Director (Horticulture) w.e.f. 11.4.2006. Before he was transferred to Dehradun, he was alloted a Type -C Government accommodation bearing No. 25-II B (403), Lancer Road, Timarpur, Delhi in May, 1989. The said accommodation alloted to him was cancelled by the respondents vide impugned order dated 12.12.2002 and it is this cancellation which has been challenged by the petitioner in the present writ petition. The petitioner has also prayed for directions to the respondents to regularize the aforementioned accommodation in his name as it has been done in case of similarly situated persons whose names are mentioned in para (xiii) at page 7 of the paper book. The respondents in their counter affidavit have not denied that they have regularised the Government accommodation in case of similarly situated persons whose names are mentioned in para (xiii) at page 7 of the petition.

(2.) Ms. Monika Garg, learned counsel appearing on behalf of the respondent has submitted on instructions that the respondents have agreed to regularise the Government accommodation in question in favour of the petitioner also on the same terms and conditions as it was regularised in case of other similarly situated persons mentioned in para (xiii) at page 7 of the petition.

(3.) In view of the above and having regard to the facts and circumstances of the case and the submissions made by learned counsel for the petitioner the impugned cancellation order dated 12.12.2002 is hereby quashed.