UNION OF INDIA Vs. LAXMINARAYAN

JUDGEMENT

(1.) THE General Manager Western Railway, Mumbai is the petitioner in this writ petition filed under Article 227 of the Constitution of India. The writ petition is directed against the order of the Central Administrative Tribunal, Jodhpur in Original Application No. 330/98 dated 1.10.1999, filed by the respondent (herein), praying for setting aside the order dated 2.12.1998 in so far as it relates to allotment of Railway quarter No. L/166 to him and quarter No. L/35 to one Shri P.C. Gupta and for a direction to the respondents (therein) to allow him to continue to stay in Railway quarter No. L/35 till he remains posted at Abu Road.

(2.) IT is seen from the records that the Railway administration have allotted the quarter No. L/35 to P.C. Gupta and another quarter No. L/166 in the same colony to respondent Laxminarayan. It is the contention of the respondent that he was working as Loco Foreman and was accordingly allotted the quarter No. L/35. The Foreman posted earlier in Abu Road were allotted the earmarked quarter No. L/35 and they continued to occupy the same quarter on their promotion to the post of Chief Loco Inspector and, therefore, he prayed that he may be allowed to continue in the same quarter No. L/35 as on his promotion to the Chief Loco Inspector he is posted at the same station.

(3.) MR . R.K. Soni, learned Counsel for the Union of India, submitted that the Tribunal has exceeded its jurisdiction and has even gone to regularise the allotment de hore the allotment made by the Railways. The Tribunal has substituted its wisdom for that of the departmental authorities.