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2024 Supreme(Online)(CAT) 5972

CENTRAL ADMINISTRATIVE TRIBUNAL
Rajinder S Dogra, J, Ram Mohan Johri, A
HC Jagdish Dutt – Appellant
Versus
State of Jammu and Kashmir through Commissioner-cum-Secretary to Government Home Department – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Dhruv Pant, Mr. P N Bhat, Ms. Urvashi Kichloo
For the Respondents:Mr. Hunar Gupta, Deputy Advocate General

Table of Content
1. filing of transfer applications for house rent allowance. (Para 1 , 2 , 3)
2. arguments presented regarding migrant status and housing policies. (Para 4 , 5 , 6)
3. provisions on natural justice and entitlement to allowances. (Para 22 , 23)
4. held that retrospective recovery without due process is unjust. (Para 26 , 27)

O R D E R

(Delivered by Hon’ble Mr. Rajinder S Dogra, Member-J)

1. The present TAs has been filed by the applicants before Hon’ble High Court as SWP 477/2012, SWP 506/2012, SWP 186/2013, SWP 334/2012m SWP 795/2012, SWP 442/2012 and SWP 484/2012 against Communication No:Bldgs/Move- Quarters/2126-27 dated 21st January, 2012 and Communication No:U.O. APHQ/Prov-97/2012/4147-77 dated 30th January, 2012 . Thereafter, in terms of Section 29 of the CAT Act, this petition was transferred and registered as TA No. 6627 of 2021, TA No 6659 of 2021, TA No 6649 of 2021, TA No 6588 of 2021, TA No 6608 of 2021, TA No 6629 of 2021 and TA No 6626 of 2021.Being of similar nature, all the TAs have been taken together.

2. Brief of the case in nutshell taken by learned Counsel for the applicant reiterated in all TAs that applicants are serving in J&K Police in different Wing

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