KAMLESH SHARMA Vs. UOI

JUDGEMENT

(1.) The reliefs claimed in these proceedings by the petitioner, are that a notification issued on 27.12.1991, excluding teachers working in Delhi Administration (hereafter "GNCTD") schools from entitlement to allotment of accommodation in the Central General Pool of residential staff quarters, as discriminatory, and also, a consequential direction that the respondents should permit her to occupy the premises where she resides in (that had been originally allotted to her husband, who sought and was granted voluntary retirement in 2008).

(2.) The petitioner joined the services of the Central Government in 1983; she was selected as Librarian in the Govt of NCT of Delhi school with effect from 19.11.1986. She was entitled to - and was allotted a Type II accommodation in Gulabi Bagh. However, on allotment of a higher type accommodation, to her husband, by the Central Government, she gave up and surrendered the Type II quarter allotted to her, in terms of the Allotment of Government Residences (General Pool in Delhi) Rules, 1963 [hereafter "the 1963 Rules"]. It is claimed that the petitioner never claimed or drew House Rent Allowance [hereafter "HRA"] because she always lived in the residence allotted to her husband, in the Central Government accommodation pool. The Petitioner's husband was an officer in the Indian Navy; she used to live with him. Upon retirement, her husband was permitted to retain the quarter allotted to him, for four months, i.e. from 01.01.2009 to 30.04.2009, on the ground that his son had to appear in the Board examination for the XII standard. This extension was given, in terms of the extant Central Government policies.

(3.) It is submitted that since the petitioner did not have any other arrangement for residence, she represented to the then Union Urban Development Minister, on 16.04.2009, to regularize the allotment of the quarter under accommodation. It is alleged that based on information made available to the petitioner and her husband, it was quite evident that in the past there were a number of precedents whereby similar occupancy of residential accommodation was regularized, in the names of employees of the Govt. of NCT of Delhi, including teachers. The petitioner has annexed- to the pleadings names of such employees.