UNION OF INDIA Vs. RAJEEV KUMAR TYAGI

JUDGEMENT

(1.) WE have heard Dr. Ashok Nigam, learned Additional Solicitor General of India assisted by Sri Subodh Kumar, learned Counsel for the petitioners and Sri K. P. Singh, learned Counsel for respondent No. 1.

(2.) AGGRIEVED by the order dated 8. 11. 2007 passed by the Central Administrative Tribunal, Allahabad Bench, Allahabad (in short the Tribunal') in Original Application No. 995 of 2007 Rajeev Kumar Tyagi v. Union of India and others, the petitioners have filed this writ petition in so far as it has directed the petitioners to allow respondent No. 1 to retain official accommodation at Rampur till 31. 12. 2007.

(3.) IT is contended that respondent No. 1 was transferred from Rampur to Moradabad on 16. 6. 2007 and pursuant thereto he has already joined on 14. 8. 2007. In his capacity as Deputy General Manager (MSC-WLL) he is entitled for official accommodation at Moradabad which has been allotted vide order dated 5. 10. 2007 (Annexure-5 to the writ petition) and, therefore, he cannot be allowed simultaneously to retain official accommodation meant for Divisional Manager (Telecom) (TDM) at Rampur, and, therefore, the Tribunal has erred in permitting respondent No. 1 to retain the official accommodation till 31st December, 2007 and the said direction of the learned Tribunal is contrary to the Rules. He further contended that in the original application the dispute was only with respect to the legality of the transfer order and the relief sought for therein was to quash the transfer order dated 16. 6. 2007 and no relief sought with respect to retention of official accommodation at Rampur, yet the learned Tribunal has passed the impugned order which is beyond the scope of final relief sought in original application.