The court clarified that it cannot interfere in housing policies for the Armed Forces and held that the allotment of residential accommodation is a matter of administrative policy and should be left to the Armed Forces administration.

S.C. DHARMADHIKARI, J.

By these Petitions under Article 226 of the Constitution of India the Petitioners before us have challenged a shift in the policy and which would deprive them of their residential accommodation presently in their possession. The essential argument is that such of the candidates and Army Officers like the Petitioners serving the Armed Forces and posted at a particular station were desirous of obtaining study leave. They wanted to go for higher studies while in service so as to better their career prospects and earn if possible some promotions in future.

2. With that in mind the writ Petitioner in Writ Petition No. 9134 of 2015 serving as a Lieutenant Colonel applied for study leave.

3. The Petitioner's case is that the present accommodation and as described in the Writ Petition has been in his possession since 28th September, 2013. The Petitioner's mother is suffering from multiple ailments. She also suffered a hip joint fracture and is bedridden. He has a son aged 7 years and studying in 3rd Standard in Army Public School, Kirkee, Pune which is located within 2 km of the present residential accommodation. The Petitioner had rendered meritorious service upon his commission in the Army on 10th December, 1994.

4. An application for grant of two years study leave was made on 18th August, 2014. That was favourably considered and the Petitioner was granted study leave commencing from 20th July, 2015 to 31st May, 2017. That permission is contained in a letter dated 16th February, 2015. The Petitioner is pursuing M.B.A. (Master in Business Administration) (Finance) at Department of Management Science in Pune.

5. The Military Secretary Branch vide orders dated 15th July, 2015 and 17th July, 2015 attached the Petitioner with station Head Quarters, Kirkee, Pune during the period of study leave. Thus, this is the same unit where the Petitioner was posted before the study leave. On 18th July, 2015, the Petitioner submitted an application to the 5th Respondent for retention of his present accommodation. It was mentioned that the present accommodation of the Petitioner is classified as alternate/temporary accommodation. The Petitioner relied upon a policy dated 21st October, 2011. However, the Petitioner's application was dealt with and replied in which a direction was issued to him to vacate the present accommodation within a period of 10 days and claim House Rent Allowance.

6. A representation was made on 19th August, 2015 in writing setting out as to how the Petitioner's higher study would benefit the organization. Since the Petitioner is not looking for his career prospects but also has the interest of organization in mind that it was requested that the benefit of the earlier policy should be extended to him.

7. Even this representation is rejected on 31st August, 2015. In the Writ Petition the Petitioner has stated that all earlier policies clearly entitled the officers to retain their accommodation during the period of study leave. Till recently, the Respondents were allowing officers to retain their accommodation. The officers who had proceeded on study leave in 2014 were permitted to retain their accommodation till 2016 despite a new policy coming into force. The new policy document is dated 30th January, 2015. However, the reliance by the Respondents on the new policy to deny the request of the Petitioner would mean that though the Petitioner was an in service employee or officer, applied for study leave which was duly sanctioned and everything transpired and took place prior to the issuance of the new policy dated 30th January, 2015 coming into force, yet, in his case the request has been unreasonably and unfairly denied.

8. It is on such contentions and further grounds in the Writ Petition that the Petitioner seeks a direction from this Court to quash and set aside the policy regulation dated 30th January, 2015 and the two communications, copies of which are Annexures-D and G to the Writ Petition.

9. An aff