A K CHAKRABORTY Vs. COMMANDING OFFICER

JUDGEMENT

(1.) The appellant, hereinafter referred to as the petitioner, assails the order of the learned Single Judge dated 19-4-2001 in W.P.No. 6641 of 2001 whereby and whereunder the petitioner's Writ Petition was disposed of permitting the petitioner to continue in the quarters bearing No. 104/4 till 1-6-2001.

(2.) The petitioner is a Subedar in Indian Army. By order dt. 8-11-2000 he was transferred to 525 ASC Battalion which is deployed in Western Sector to engage in anti-terrorist operations. The petitioner while working in Secunderabad under the control of the second respondent was allotted married accommodation at Quarter No. 104/4, New Mercury Line, Trimulgiri, Secunderabad. He has been staying in the said quarters with his family consisting his wife and three young children. On transfer, he was asked to vacate the quarters. He made a representation to the Commanding Officer 554 ASC Battalion, C/o.56 APO seeking permission to retain quarters upto 30-6-2001. It appears he also applied vide Form Appendix B 2 Army Order 191/79. The petitioner's application for retention of accommodation on the ground of children's education upto 30-6-2001 was not sanctioned by the Commanding Officer. He therefore filed' Writ Petition, being W.P.No.7196 of 2000 challenging the order dt. 31-3-2001 rejecting permission to retain the Government Quarters. The learned Single Judge having heard the learned Counsel for the petitioner and the learned Counsel for the respondents at the admission stage disposed of the Writ Petition permitting the petitioner to continue in the quarters upto 1-6-2001.

(3.) In this Writ Appeal the learned Counsel for the petitioner Sri K.M.Saxena placed reliance on paragraph 1020 of Army Regulations and submits that hundred per cent married accommodation is required to be provided at all authorised establishments of army units and wherever the petitioner is transferred he is entitled to retain married accommodation at the old station.