VEERENDER SINGH DAHIYA Vs. DIRECTOR, LADY HARDINGE MEDICAL COLLEGE & ASSOCIATED HOSPITALS & ANR. THROUGH DIRECTOR, LADY HARDINGE MEDICAL COLLEGE & ASSOCIATED HOSPITALS NEW DELHI

JUDGEMENT

(1.) This Application is directed against Office Memorandum dated 9.11.2011 whereby the Applicants request for change of his quarter has been turned down for the reason that he has already availed the change for the same type earlier.

(2.) The Applicant, who has been working as Technical Assistant in Kalawati Saran Childrens Hospital (KSCH), was initially allotted Quarter No.9, Telegraph Square on 13.1.2004. He sought change of it on the ground of seepage damaging the wall in December, 2005 and asked for Quarter No.10, Telegraph Square in change, which was allotted to him. He has now sought a change to Quarter No.46 at Telegraph Square on twin grounds of it being improper and causing inconvenience to his family members and he being a cancer patient, he is required to live in hygienic and infection free atmosphere as he is prone to infections. However, his request has been turned down for the reason that he has already sought change once and rules do not provide any further change for the same type of quarter. The Applicant seeks to make out a case for non -applicability of the rules, as the change he is seeking now is not a matter of choice but a compulsion on account of his illness warranting living in hygienic conditions. Feeling aggrieved, he has filed the present Application seeking directions, inter alia, to the respondents to consider his case for allotment of Quarter N0.46 at Telegraph Square on the ground of compassion.

(3.) The Applicants claim has been controverted by the respondents no.1 and 2 in their counter reply wherein a preliminary objection has been raised that the Applicant has approached this Tribunal without exhausting the available departmental remedy, as he has not made any representation against the impugned OM informing the Applicant about his ineligibility for change of accommodation as per the rules. It has further been submitted that change of Government residential accommodation is regulated by Supplementary Rules 317 -B -1 to 26. SR 317 -B -15 (1) provides as follows: - An officer to whom a residence has been allotted under these rules may apply for a change to another residence of the same type or a residence of the type to which he is eligible under SR 317 -B -5, whichever is lower. Not more than one change shall be allowed in respect of one type of residence allotted to the officer.