Central Administrative Tribunal - Delhi
Jwala Prasad vs M/O Health And Family Welfare on 3 May, 2023
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Item No. 39 OA 817/2019
Central Administrative Tribunal
Principal Bench, New Delhi
O.A. No. 817/2019
This the 3rd day of May, 2023
Hon'ble Mr. Tarun Shridhar, Member (A)
Jwala Prasad, aged - 47 years, Group - 'C'
S/o Sh. Om Prakash,
Working as MTS in
Ministry of Health & Family Welfare,
Govt. of India, Nirman Bhawan, New Delhi
R/o H.No. 24, Dakshipuri, New Delhi.
...Applicant
(By Advocate : Mr. Yogesh Sharma)
Versus
1. Union of India through the Secretary,
Ministry of Health & Family Welfare,
Govt. of India, Nirman Bhawan, New Delhi - 110066
2. The Director of Estate - II,
Nirman Bhawan, Govt. of India,
New Delhi
3. The Deputy Director of Estate (E),
Directorate of Estates,
Nirman Bhawan, Govt. of India,
New Delhi
...Respondents
(By Advocate : Mr. Anil Kumar Singh)
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Item No. 39 OA 817/2019
ORDER (ORAL)
By virtue of the present OA, the applicant seeks the following reliefs:-
"(i) That the Hon'ble Tribunal may graciously be pleased to pass an order of quashing the impugned order dated 7.3.2018 (Annex.A/1), notice dated 22.1.2018 (Annex.A/2) and order 29.11.2018 (Annex.A/4), declaring to the effect the same are illegal, arbitrary and against the principle of natural justice and consequently the applicant is entitled for all the consequential benefits including restoration of Govt. Quarter on the name of the applicant and refund of recovered of panel/damage rent from the applicant with interest.
(iii) Any other relief which the Hon'ble Tribunal deem fit and proper may also be granted to the applicants along with the costs of litigation."
2. During the course of hearing, learned counsel for the respondents had submitted that the present OA has become infructuous as the applicant has already vacated the Government accommodation since long. He has also raised a preliminary objection with respect to the jurisdiction of the Tribunal since the order by the Estate Officer has been passed under the Rules for Allotment of General Pool Accomodation. However, learned counsel for the applicant has addressed this issue by drawing attention to an order passed by the Hon'ble High Court on 22.01.2019 in W.P.(C) No. 638/2019 titled Union of India & Anr. Vs. Himmat Singh Chauhan, which held that the issue would fall within the definition of "service matters" 3 Item No. 39 OA 817/2019
and hence, amenable to the jurisdiction of this Bench of the Tribunal.
3. The OA was filed four years back. It is admitted that the applicant has since long vacated the government quarter and to that extent, the OA has become infructuous. However, learned counsel for the applicant submits that in the impugned order cancelling the accommodation of the applicant, it has been directed that he shall be charged damages from the date of inspection of the quarter till the date of vacation and handing over the full vacant possession to the CPWD. Further, he has been declared ineligible for allotment of government residential accommodation for the remaining period of his service.
4. At this stage, it would be appropriate to dispose of this OA with direction to the respondents that since the applicant has already vacated the government quarter, the Directorate of Estates/Competent Authority under the relevant Rules shall review these two conditions imposed in the impugned order dated 07.03.2018 and pass an order afresh qua these two conditions i.e., (a) damages, and (b) eligibility of the applicant for further allotment of residential accommodation afresh. While reviewing these conditions, the said Authority shall not be guided by the 4 Item No. 39 OA 817/2019 Order already passed earlier and take into consideration the fact that the applicant has already vacated the government residential accommodation. The applicant shall be at liberty to make a comprehensive representation to the Competent Authority within a period of two weeks from the date of receipt of copy of this order. Thereafter, the Competent authority shall decide the same by way of an appropriate order within a period of six weeks from the date of receipt of representation of the applicant.
There shall be no order as to costs.
(Tarun Shridhar) Member (A) /akshaya/