DHARAM DEV Vs. UNION OF INDIA

JUDGEMENT

(1.) A preliminary objection has been raised by the learned counsel for the respondents that the High Court has no jurisdiction to decide this writ petition.

(2.) . The petitioner in this petition brought under Article 226 of the Constitution of India has sought mandamus requiring the respondents to allot the Railway Quarter to the petitioner on over-riding priority basis so that the petitioner may be able to vacate the accommodation allotted to him from the Central Pool by the Railway Board and for also direction to the Directorate of Fstates not to evict the petitioner from the present accommdation and requiring the petitioner to pay the penal rent in respect of the said accommodation till alternative accommodation is provided to the petitioner by the Northern Railway.

(3.) . The petitioner is an employee of Northern Railway admitted and had been allotted a quarter by the Northern. Railway earlier and later on he went on deputation to Railway Board and he vacated the Railway Quarter and was allotted the oresent accommodation bearing Quarter No. 151 Sector-XII ai R. K. Puram from the general pool maintained by Directorate of Estates at the instance of Railway Board in January. 19/8. The petitioner's deputation came to an end and he was repatriated to the parent department and had been asked to vacate the accommodation provided to him from the general pool. as under the rules of allotment applicable to the general pool accommodation the petitioner became disentitled to remain in accommodation of the said quarter. The petitioner has set up the plea that at the time be came on deputation to the Railway Board there was a circular issued by the Northern Railway that in case an employee returns from deputation from Railway Board he would be allotted a quarter by the parent department on priority basis. This circular was later on superseded and the case set up by the petitioner is that even though the circular has been superseded by another circular issued but the petitioner bad gone on deputation on the basis of an assurance held out in the previous circular, hence, the respondents are legally bound to provide him the accommodation at pricrity basis.