B K DHINGRA Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS judgment will dispose of C.W.P. Nos. 5604 -CAT and 5698 -CAT of 2000, as the facts and the points of law involved in both the writ petitions are common.

(2.) THE Petitioners in both the writ petitions have retired from Central Government Service between 31.8.1996 and 30.10.1997 from the office of Accountant General (Audit), Punjab and Accountant General (A&E), Punjab, and Accountant General (Audit) Haryana. During their service they had been allotted Government quarters in Sector 7, Chandigarh. These allotments were made between the years 1975 to 1986 from the General Pool Residential Accommodation (GPRA). in the year 1992, Central Public Works Department constructed a separate colony for the staff of Accountant General Officers in Sector 41, Chandigarh. On the completion of construction, the Petitioners were subject to the condition contained in Supplementary Rules, 1922. Non -statutory clause SR 317 -B -22 was introduced in the supplementary rules which is as under : -

(3.) THE Tribunal notices that the order passed in O.A. 714 -CH/1993 where allotments were cancelled in similar circumstances, had been upheld by this Court in C.W.P. No.3360 of 1994 vide judgment dated 3.5.1995: The Tribunal has held that ''it is not mandatory to issue any show -cause notice for raising bills of damages against unauthorized occupations in the instant case. Recovery of such damages is quite in order from the applicant 's dues such as DCRG, as has been done in this case. The provisions of the Act becomes applicable only when recovery of arrears of licence fee is not possible after cancellation of the allotment under the Rules."