Full Judgment
A. Pasayat, J.
1. The grievance of the petitioners in short, is that, there has been irregular allotment of the quarters by the Chairman of the Paradip Port Trust (in short 'Port Trust') in purported exercise of powers conferred under Clause 25 of the Paradip Port Trust Employees (Allotment of Quarters) Order, 1975 (in short 'Order').
2. Petitioners' case is that allotments are being made in a routine manner though discretion for out of turn allotment is to be exercised for 'weighty reasons'. It is pointed out that in the meeting of the Heads of Department held on 22.5.1987, two conditions were indicated under which the Chairman was to make allotment by exercise of powers under Clause 25 of the Order. A grievance is made that the conditions laid down have been by-passed while making allotment.
Mr. S.K. Padhi, learned counsel for the Port Trust submits that in each of the cases where discretion under Clause 25 has been exercised had special circumstances and therefore, there is nothing illicit in the allotment.
3. Clause 4 of the Order deals with classification of quarters, range of pay scale which is entitled to the type, and grade of employees entitled to the type for allotment of quarters.
Clause 12 provides constitution of 'Housing Committee'. Normally allotments are done by the committee, but residual and discretionary power has been given under Clause 25 of the Order as aforesaid for out of turn allotment. Two contingencies have been indicated, first being where any assurance has been given to an employee for providing residential accommodation at the time of selection for appointment to the service of Port Trust, and secondly to any other employee for weighty reasons. The provision reads as follows :
'Clause - 25 : Chairman may relax all or any of the provisions of this order for allotting a quarter to an employee to whom an assurance was given for providing residential accommodation at the time of his selection for appointment to the service of the Port Trust or to any other employee for 'weighty reason.'
4. On a bare reading of the provisions, it is clear that the decision to allot in favour of a non-eligible person has to be taken on the basis of 'weighty reasons'. The expression is indicative of fact that there must be some basis and foundation for making a departure from normal procedure. It cannot be done in a routine or casual manner. Reasons are the links between the material on which certain conclusions are based and the actual conclusions. Reasons have rationality, good faith, bona-fides ingrained. Reason presupposes logic. The various stages of reasoning should be properly interlinked. Mere assertions cannot be equated to a belief arrived at reasonably. Jumping to a particular conclusion, over-looking any intermediate fact or event, is a process opposed to reason. Reasons disclose the process of rectiocination and the way and in the manner the adjudicatory or decision making process travel. Indication of reasons provide visible safeguard against possible injustice and arbitrariness. Reasons when indicated substitute objectivity for subjectivity. The word 'weighty' has various shades. In the context it has been used in Clause 25, means significant, important or momentous. Use of the word 'weighty' before reasons further emphasises the intention that the discretionary power should not be exercised in a casual or routine manner.
5. In the counter affidavit, it has been indicated that the Chairman has not exercised discretion in a routine manner and same is very sparingly exercised in few cases. It is stated that the powers are not exercised unless the reasons are compelling enough to warrant any allotment. No order for allotment is passed in any other case of out of turn allotment. In view of the statements made in the counter affidavit, we dispose of the writ application with the direction that the Chairman shall not allot any quarter in a routine or casual manner and must record reasons when allotment is made on out of turn basis so that propriety and sustainability thereof can be tested if questioned. There will be no order for cost.
S.C. Datta, J.
6. I agree.