194601 Indra Mohan EA(P)2 vs Union of India

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

DELHI HIGH COURT
MANMOHAN, NAVIN CHAWLA
194601 Indra Mohan EA(P)2 – Appellant
Versus
Union of India – Respondent

JUDGMENT

Navin Chawla, J. This petition has been filed by the petitioner praying for the following reliefs:

"13.1 A Writ in the nature of mandamus or any other appropriate writ, orders, directions quashing the Notice of Vacation which is discriminatory and also in contravention to the Principle of Natural Justice, and/or

13.2 Direct the Respondents to issue instructions so as to prevent any misuse of power by subordinate authority in granting extension of service accommodation discriminately within the ambit of policy;"

2. The learned counsel for the petitioner submits that the petitioner was enrolled in the Indian Navy as a Sailor as EA(P)2 on 31.07.2001. In April 2019, the petitioner was transferred to the New Delhi station on compassionate grounds post-death of his new born child at INHS Kalyani in March 2018 and to look after his wife, who had been under severe trauma post the incident. The petitioner was allotted Government Accommodation, being Quarter No. SAHYADRI M-3/23 in Gurugram Bagh, for two years commencing from 12.04.2019 to 11.04.2021. On 27.04.2020, the petitioner was blessed with a baby girl, however, she had to be hospitalised for two months at BHDC and Civil Hos

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