DAULAT RAM SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) PETITIONER Nos. 1 & 2, who were employed as Selection Grade Auditors in the Office of the Controller of Defence Accounts (ORS), Meerut Cantt, under the Govt. of India, were allotted residential accommodation from out of defence pool where they had been residing along with their family members. PETITIONERs 3 & 4 are sons of petitioners 1 & 2 respectively and they are also in service under the Govt. of India since 1973 and 1974 respectively.

(2.) THE case of the petitioners is that since petitioners 3 & 4 had been residing with their parents in the Govt. accommodation they were entitled to continue to reside therein on the retirement of their parents. A reference has been made to a Govt, policy decision taken in 1965, copy whereof is Annexure '1' to the writ petition, and also to subsequent rules dated 17-10-1978 framed under Article 309 of the Constitution. Allegation in the petition is that petitioner No. 1 retired on 31st March, 1979 and petitioner No. 2 retired on 1-6-79. THE petitioners 3 & 4 had been residing with their ever since 1976 i e. for more than six months of the retirement of petitioners 1 & 2 and, as such they were entitled to get the benefit of the rules dated 17-10-78.

(3.) WE have heard learned counsel for the parties. Petitioners' counsel has informed us that petitioners Nos. 2 & 4 have withdrawn the petition and they are no longer pressing it. The petition is, therefore, dismissed so far as petitioner Nos. 2 & 4 are concerned.