Mrs. Chameli Majumdar, Member (J).
1. Heard Shri S.P.Saxena, learned counsel appearing for the applicant. No one appears for the respondents.
2. The applicant has challenged the communication dated 17.06.2013 addressed to the Commander Works Engineer, Military Engineering Services, Kalyan Marg, Bani Park, Jaipur written on behalf of Chief Engineer, PBSO. It was intimated by this letter that the request of the applicant for retention of accommodation on education ground for second academic year was not considered as there was no provision under SRO 308 for retention of accommodation for second academic year for Civilian Officers. It was further mentioned in the said letter that the applicant would be treated as an unauthorized occupant with effect from 16th April 2013. By the second impugned letter dated 18.06.2013, the Station Headquarters, Pune was requested to initiate suitable action against the applicant as per procedure.
3. Shri Saxena, learned counsel appearing for the applicant has relied on the Circular dated 10.04.2007 regarding the retention of accommodation on the ground of children's education. The said circular envisages that for the second academic year retention of quarters will be permitted for a child only to Class X and Class XII. Sub para (b) of Para 2 of the said Circular is set out herein below
â(b) Retn. of Accn. For Second Academic Year : Retention for second academic year is permitted for a child only to Class X, and Class - XII. The officer while applying for retention of accn. for second academic year renders a certificate of willingness to shift to all / lower class of accn. along with other documents before the case is processed with the M.O.D. Hence, it is clarified that, officer is liable to be shifted to an all/ lower class of accn., when retention is permitted for second academic year. In case the accn. is surplus in a station and no waiting list exists, the officer may be permitted retention of same accn. The discretion lies with the Stn. HQ, however, the same should be exercised uniformly without any discrimination.â
4. Shri Saxena, learned counsel also referred to SRO 308. Column xiv of Para 8 says that up to six months beyond the permissible period of two months or till the end of the School or the College academic year of their children, whichever is earlier, on payment of double the normal Licence Fee. The existing accommodation can be retained in the case of transfer during the middle of the academic year of the children of their employee.
5. The learned counsel for the applicant has also referred to SRO 308 and the Government of India's decisions appears at the bottom of para 8 of SRO 308. SRO 308 deals with the allotment of the residential (Defence Pool Accommodation for Civilians in Defence Services) Rules 1978. Government of India's clarification is set out herein below
âAcademic Session in respect of wards/children studying in Class XII would extend up to 31 Jul as a special case.
Ministry of Defence (Fin/Works-III) letter No.332/F/W-III/03 dated 17 Jun 2003)
Authority: Ministry of Defence letter No.B/12589/Q3(B-1) 1215/D (QandC) dated 31 Mar 1999â.
6. It appears that the applicant, pursuant to the movement order dated 09.02.2013 and the release order dated 14.02.2013 immediately joined his transferred post. The applicant, thereafter, approached the Competent Authority to allow him to retain the present accommodation at Pune. The last of such representation has been made on 10.08.2013. The contention of the applicant in those representations is that his younger son, who was studying at XII Class under Maharashtra State Board has been staying with his mother, the wife of the applicant, in his official accommodation at Pune. His request was to allow his family i.e. younger son and wife to stay in the accommodation till the end of the academic session of 2013-2014 being 31st March, 2014.
7. After going through SRO 308 and the impugned letter dated 17.06.2013, it appears that the relevant provision for SRO 308 along with Government of India's decisions was not appreciated in its true spirit and purport. While issuing the impugned order, the authorities have not taken into consideration the Government of India's decisions, which says that academic Session in respect of wards/children studying in Class XII would extend up to 31 July as a special case.
8. The learned counsel for the applicant has also referred to the judgment of the Hon'ble Supreme Court in the case of Director of School Education, Madras and Others Vs. O.Karuppa Thevan and Another reported in 1994 Supp (2) SCC 666. In the said judgment, the Hon'ble Apex Court has held that the transfer of an employee in the mid academic session of his children should be avoided as far as possible.
9. The respondents have filed their Reply.
The respondents, in their Reply, have set out para 8 (Col. XIV of SRO 308). The respondents have further contended that due to the absence of exact date of closing of academic year of XI standard, the Quartering Committee have accorded the permission for retention of accommodation up to two months from the date of SOS considering that the officers has moved to another station. There is no provision in SRO 308 for retention of accommodation on education ground for second academic year of Civil Officers. Moreover, in the application dated 09.02.2013, the closing date of academic year has not been mentioned. However, the Quarters Committee in its meeting held on 01.03.2013 discussed the applicant's application dated 09.02.2013 in detail and could not permit retention up to the end of the current academic year. Quarters Committee accorded the permission for normal retention for two months from the date of SOS.
10. I have heard Shri Saxena, learned counsel for the applicant. On the last occasion, no one appeared for the respondents. Today also, neither the learned counsel for the respondents is present nor any prayer for adjournment is made. I have gone through the pleadings. Admittedly, the applicant complied with the order of transfer and moved to Rajasthan. His prayer is only to retain his quarters till 31st March, 2014 i.e. till the completion of the current academic year.
11. The applicant consistently in his representations has mentioned that his son is studying under the Maharashtra Board. He is studying in XII standard and it would be improper to shift him to a School under Rajasthan Board and the same is also not permissible. Therefore, he only prayed for retention of quarters on the ground of son's education under the Maharashtra Board in XII standard till the completion of academic year 2013-2014. In view of the provisions in SRO 308 read with Government of India's decision for retention of quarters that the academic session in respect of the wards and the children studying in Class XII should be extended as a special case, the respondents are directed to take a decision regarding retention of the quarters of the applicant till 31st March, 2014 as prayed by him, on payment of rent applicable in the instant case. The impugned order dated 17.06.2013 and 18.06.2013 are set aside. The respondents will take a decision to reconsider the last representation of the applicant dated 10.08.2013 within two weeks from the date of communication of the order.
12. The Original Application is accordingly disposed of. No costs.