T.V. Madhusoodanan Vs. Union of India, Represented by the Secretary, New Delhi and Others - Court Judgment |
| Central Administrative Tribunal CAT Ernakulam |
| Dec-05-2011 |
| Original Application No. 514 of 2011 |
| P.R. RAMAN, JUDICIAL MEMBER & THE HONOURABLE MR. K. GEORGE JOSEPH, ADMINISTRATIVE MEMBER |
| T.V. Madhusoodanan |
| Union of India, Represented by the Secretary, New Delhi and Others |
| For the Applicant: Mrs. R. Jagada Bai, Advocate. For the Respondents: Varghese P. Thomas, ACGSC. |
.....they are not entitled to allotment of quarters as per rules. the applicant contends in the rejoinder that there are other gds employees who are continuing in occupation of the quarters. if there is no order of vacation of occupation in favour of the other gds employees then all of them should be treated alike and let the quarters be directed to be vacated occupied by the gds employees if the gds employees are not entitled for allotment of quarters. at any rate that does not give a right to the applicant that he should be allowed to continue to reside in the quarters. when the rule does not permit allotment of quarters no right exists in favour of the applicant to be enforced in any legal method by approaching this tribunal. however, it is not necessary to discriminate among gds employees in the matter of allotment of quarters. if there are any other gds employees who are still occupying the quarters, same and uniform method as done in the case of the applicant should be followed in the cases of other gds employees by vacating the quarters. 2. in view of the aforesaid the original application is dismissed. no order as to costs.
By Hon'ble Mr. Justice P.R. Raman, Judicial Member -
1. The applicant is GDS having long number of years in service. He is occupying a quarter allotted by the department from 1.4.2006. The department took steps to vacate the quarters allotted to the GDS employees as they are not entitled to allotment of quarters as per rules. The applicant contends in the rejoinder that there are other GDS employees who are continuing in occupation of the quarters. If there is no order of vacation of occupation in favour of the other GDS employees then all of them should be treated alike and let the quarters be directed to be vacated occupied by the GDS employees if the GDS employees are not entitled for allotment of quarters. At any rate that does not give a right to the applicant that he should be allowed to continue to reside in the quarters. When the Rule does not permit allotment of quarters no right exists in favour of the applicant to be enforced in any legal method by approaching this Tribunal. However, it is not necessary to discriminate among GDS employees in the matter of allotment of quarters. If there are any other GDS employees who are still occupying the quarters, same and uniform method as done in the case of the applicant should be followed in the cases of other GDS employees by vacating the quarters.
2. In view of the aforesaid the Original Application is dismissed. No order as to costs.