MOHAMMED SALIM Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition has been filed against the judgement of the Central Administrative Tribunal, Jaipur Bench, Jaipur dtd. 11/1/2019 by which the Original Application filed by the petitioner against the order of the respondent-Railways dtd. 22/11/2018 has been dismissed. Petitioner earlier approached the Central Administrative Tribunal raising a grievance that despite his having surrendered the railway quarter upon his transfer from Ajmer to Jaipur Division and consequential posting at Phulera, the respondents have withheld the amount of house rent allowance to him and are continuously charging panel rent from him. The Tribunal by order dtd. 3/10/2018 disposed of the Original Application directing the respondent to treat the legal notice dtd. 11/8/2018 served by the petitioner as a representation and decide the same by passing a reasoned and speaking order within a period of two months. This representation/legal notice has been decided by the D.R.M. (Personnel), Ajmer by speaking order dtd. 22/11/2018. It was this order, which the petitioner challenged before the Tribunal in the new O.A., which was decided by impugned order dtd. 11/1/2019.

(2.) Shri Kailash Chandra Sharma, learned counsel for the petitioner has submitted that owing to the differences between petitioner and his wife, litigation ensued between them in number of Courts, including the one before the Family Court under the Protection of Women from Domestic Violence Act, 2005 filed by the respondent-wife against the petitioner. Learned counsel for the petitioner has produced copy of the pay slip of the month of October, 2018 showing deduction of sum of Rs.20,000.00 from his salary to be paid to his wife as maintenance pursuant to the order of Family court under that Act.

(3.) It is argued that when the petitioner was earlier posted in Ajmer Division, he was allotted Railway Quarter No. 1357/B at Ajmer. He was later on transferred to Jaipur Division and was relieved from Ajmer to join at Jaipur on 29/7/2016. Soon after joining at Jaipur, he submitted an application to the respondent No. 3-D.R.M., North Western Railway on 1/6/2017 that since there were serious disputes between him and his wife, he due to apprehension of danger to his life could not personally go to Ajmer to vacate the allotted quarter. Therefore the respondent should treat the quarter to have been surrendered by him with all the articles lying therein. He further submitted similar applications on 18/6/2017 and 22/6/2017, copies whereof were placed on record. It is submitted that the respondent by order dtd. 7/6/2017 posted the petitioner at Phulera and since then he is working at Phulera. Grievance of the petitioner is that despite having surrendered the railway quarter, the respondents have not been making payment of house rent allowance to him. They have not treated him eligible for allotment of quarter at Phulera. He therefore submitted further representation on 1/5/2018 and 7/6/2018, even then the payment of HRA was not made to him. The HRA for the month of September, 2018 to the tune of Rs.4,416.00 was granted to the petitioner, but did not grant the HRA since October, 2018. Petitioner served a legal notice and thereafter that legal notice was treated as representation, which was rejected by the respondents.