TARUN CHATTERJEE, ARIJIT PASAYAT
State Of Orissa – Appellant
Versus
Gopinath Dash – Respondent
Judgment
Arijit Pasayat, J.—Challenge in this appeal is to the judgment rendered by a Division Bench of the Orissa High Court holding that the policy decision taken by the State in the matter of allotment of quarters by rotation basis was illegal.
2. Adumbrated in brief the factual background as projected by the appellants is as follows:-
An executive order was passed by the Deputy Inspector General of Police vide his D.O. letter No. 4322/SAP in furtherance of a policy decision that quarters were to be allotted to all the Orissa State Armed Police Personnel for a minimum period of three years. This order was passed keeping in view the dearth of family accommodation which at the relevant point of time was an acute problem for the Orissa State Armed Policy Battalion. It was also done with a view to ensure that every police personnel enjoyed the facility of rent-free accommodation and that is why it was done on rotational basis. The practice had continued uninterruptedly for a long time. Military police establishments normally function in a separate camp where provisions are made for all the personnel to be given residential accommodation. Therefore, the system was developed to ensure th
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