VIVEK KAUL Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) By way of the present writ petition filed under Articles 226/227 of the Constitution of India, the petitioner has prayed for issuance of a writ in the nature of certiorari, seeking quashing of order dated 20.7.2011 passed by the Chandigarh Bench of Central Administrative Tribunal (for short 'the Tribunal'), whereby the Original Application filed by him for seeking quashing and setting aside of the orders dated 3.6.2010 and 16.7.2010 was dismissed.

(2.) Issuance of a writ in the nature of mandamus has also been sought for directing the respondents to refund the amount of recovery effected from the pension of the petitioner.

(3.) According to the petitioner, during his posting as Director, Postal Services, Punjab, he was allotted government accommodation above the Post Office, Sector 22, Chandigarh. He was, later on, promoted and posted as the Chief Post Master General, Uttrakhand at Dehradun where he joined on 7.8.2006. As his children were studying at Chandigarh at that time, he applied for retention of the government accommodation at Chandigarh beyond the permissible period i.e. upto 31.3.2007 in August, 2006, as per the provisions of the order dated 6.5.2003 issued by the Government of India, Ministry of Communications & IT. He was allowed to retain the said accommodation upto 31.3.2007 vide order dated 15.9.2006. Since his children continued to study at Chandigarh, he applied for retention of the accommodation upto 31.3.2008 and deposited the requisite licence fee. His request was accepted and he was permitted to retain the accommodation from April, 2007 to September, 2007 vide order dated 18.4.2007 and from October, 2007 to March, 2008 vide order dated 19.9.2007. He again applied for further retention of the accommodation from April, 2008 to March, 2009 by submitting an application dated 12.3.2008.