THE ADMINISTRATOR Vs. MOHAMMED SHAFFEE P.C.

JUDGEMENT

(1.) The Administrator, Union Territory of Lakshadweep along with two others have filed this Original Petition aggrieved by the order in OA No.853 of 2017, by which the Central Administrative Tribunal allowed the Original Application and directed allotment of a Type-IV accommodation to the applicant, the first respondent herein. The Tribunal further directed that such allotment shall be made, if necessary by vacating the quarter currently occupied by the second respondent (4 th respondent in the Original Application).

(2.) The Original Application was filed by the first respondent contending that he had joined the Kochi office of the Lakshadweep administration on 22.12.2016 and that at the time of his joining, Type-IV quarter was not available for allotment and therefore, he was allotted a Type-III quarter by the Local Accommodation Board on

(3.) 3.2017. That when a Type-IV quarter fell vacant on 5.6.2017, he preferred an application for allotment of the said quarter since there was no other eligible person to be provided with a Type-IV quarter. The application submitted on 27.7.2017 was not acted upon and in the meanwhile, the vacant Type-IV quarter was allotted to the second respondent on 3.10.2017, on his joining at the Kochi office. It was alleged that the second respondent was not eligible for allotment of a Type-IV quarter inasmuch as he was not a person who was receiving a basic pay of Rs.8,500-11,999 between 1.1.1996 and 1.1.2006. 3. The Lakshadweep Administration filed a reply statement before the Tribunal inter alia contending that the applicant had applied for allotment of a Type-III quarter, based on his grade pay of Rs.4,800/-, knowing fully well that he was entitled for only a Type-III quarter. It was therefore, contended that the applicant had made a false statement in the Original Application that he was allotted a Type-III quarter since Type -IV quarters was not available for allotment. The application for allotment dated 12.6.2016 submitted by the applicant was produced as Annexure-R1A. It was contended that from 1.1.2006 onwards, the eligibility for allotment of quarters is determined on the basis of grade pay and since the applicant was drawing grade pay of Rs.4,800/-, he was eligible for a Type-III quarter only. It was also contended that in his subsequent application (Annexure-A2) the applicant had deliberately omitted to mention his grade pay, since for allotment of Type-IV quarter the applicant should be drawing grade pay of Rs.5,400/- to Rs.6,600/-.