Karnataka High Court
Col G.P.S. Sahni vs Union Of India on 12 April, 2017
Author: A.N.Venugopala Gowda
Bench: A.N. Venugopala Gowda
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF APRIL, 2017
BEFORE
THE HON'BLE MR. JUSTICE A.N. VENUGOPALA GOWDA
WRIT PETITION NO.47131/2016 (S-RES)
BETWEEN:
COL G.P.S. SAHNI
S/O. LATE SRI HARNAM SINGH SAHNI
AGED ABOUT 50 YEARS,
PRESENTLY RESIDING AT
NO.80/2, HARRIS BARRACKS
GOWTHAMPURA, ARTILLERY ROAD
ULSOOR,
BENGALURU - 560 008.
... PETITIONER
(BY SMT. FARAH FATHIMA FOR
M/s. SHETTY & HEGDE ASSOCIATES, ADVS.)
AND:
1. UNION OF INDIA
THROUGH THE SECRETARY
MINISTRY OF DEFENCE, DHQ PO
NEW DELHI - 110 011.
2. GENERAL OFFICER COMMANDING
KARNATAKA & KERALA SUB AREA,
CUBBON ROAD,
BENGALURU - 560 001.
3. STATION COMMANDER & ESTATE OFFICER
STATION CELL,
KARNATAKA & KERALA SUB AREA
CUBBON ROAD,
BENGALURU - 560 001.
2
4. ADMINISTRATION COMMANDANT
STATION CELL
KARNATAKA & KERALA SUB AREA,
CUBBON ROAD
BENGALURU- 560 001.
... RESPONDENTS
(BY SRI H. JAYAKARA SHETTY, CGSC)
THIS PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE
COMMUNICATION DATED 21.06.2016 ISSUED BY 3RD
RESPONDENT REJECTING PETITIONER'S REPRESENTATION
DATED 06.06.2016 SEEKING RETENTION OF ACCOMMODATION
BY HIS FAMILY ON CHILDREN EDUCATION GROUNDS (CEG)
AND THEREBY DIRECTING THE PETITIONER TO VACATE THE
ACCOMMODATION AS PER THE EXISTING ORDERS SINCE THE
CASE IS SUB-JUDICE TILL THE STUDY LEAVE PERIOD AS ON
31.07.2016 COMMUNICATED TO PETITIONER THROUGH
COMMUNICATION DATED 29.06.2016 BY RESPONDENT NO.4,
AS THE SAME IS HIGHLY ARBITRARY, ILLEGAL AND CONTRARY
TO SPECIAL ARMY ORDER SAO10/S/86 PROVISION OF
ACCOMMODATION AND ALLIED SERVICES AND RECOVERY OF
QUARTERING CHARGES FROM SERVICE OFFICERS (ISSUED BY
CHIEF ARMY STAFF) (ANNEXURE-A); QUASH THE
COMMUNICATION DATED 05.08.2016 ISSUED BY 3RD
RESPONDENT REJECTING PETITIONER'S REPRESENTATION
DATED 18.07.2016 (17.7.2016) SEEKING RETENTION OF
ACCOMMODATION ON CEG AS HIGHLY ARBITRARY, ILLEGAL
AND DISCRIMINATORY (ANENXURE-A1); DIRECT THE
RESPONDENT AUTHRORITIES TO PERMIT THE PETITIONER'S
FAMILY TO RETAIN THE ACCOMMODATION ALLOTTED UNDER
ALLOTMENT LETTER DATED 18.03.2013 UNDER THE
PROVISIONS OF PARA 70 OF 10/S/86 RETENTION OF FAMILY
ACCOMMODATION AT THE LAST DUTY STATION ON GROUND OF
CHILDREN EDUCATION, AS PER PETITIONER'S
REPRESENTATIONS DATED 06.06.2016 AND 17.07.2016
(ANNEXURE-E); ETC. ETC.
THIS PETITION COMING ON FOR HEARING THIS DAY,
THE COURT MADE THE FOLLOWING:
3
ORDER
This petition was filed to quash the communication dated 21.06.2016 of respondent No.3, whereby the request made for retention of the presently occupied accommodation till 31.07.2017 on Children Education Ground was not accepted. The petitioner was notified that he is required to vacate the accommodation as per the existing policy on the subject.
2. Learned advocate for the petitioner submitted that the petitioner's daughter is studying in 12th Standard at Army Public School, Bengaluru and her examinations would be completed on 21.05.2017. Learned advocate submitted that the petitioner having been transferred on 18.05.2016 from Bengaluru Station to Bhopal Military Station would handover vacant possession of the accommodation presently in his occupation on or before 31.05.2017. Submission of the learned counsel stands recorded.
4
3. This petition was filed on 29.08.2016. An ad- interim stay was ordered on 01.09.2016. Subsequently, the said order was extended. As a consequence, the petitioner continues to remain in occupation of the accommodation in question.
In view of the submission made that the examination of petitioner's daughter studying in Army Public School in 12th Standard would be completed on 21.05.2017 and the petitioner would soon vacate and handover possession of the accommodation to the Estate Officer, the petition is disposed of directing the respondents not to give effect to the order at Annexure-A, till 31.05.2017.
Sd/-
JUDGE sac*