1. Dispute over eviction from government accommodation based on undertaking to vacate for eligible officer; claim of hardship and availability of alternate quarters. (Para 1 , 2 )
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CENTRAL ADMINISTRATIVE TRIBUNAL
Rameshwar Vyas, J
349/2025
OA
1. Dispute over eviction from government accommodation based on undertaking to vacate for eligible officer; claim of hardship and availability of alternate quarters. (Para 1 , 2 )
2. Applicant argued undertaking was under compulsion and hardship; respondents argued violation of undertaking and unauthorized occupation. (Para 4 , 5 )
3. Quashed eviction notices and damage rent levy; allowed OA with direction to examine comparative hardship and availability. (Para 7 , 8 )
No; the authority must exercise discretion justly, considering comparative hardship and availability of alternate quarters before ordering eviction. (Para 6 )
Yes; the court held that not mentioning the mother in the service book does not preclude her as a family member if listed in the accommodation application. (Para 6 )
Yes; the court held that the authority must examine comparative hardships of the occupant and the new applicant, and balance of convenience favors the occupant absent special circumstances. (Para 6 )
No; the undertaking does not automatically require vacation; the authority must justify the order by showing no alternate accommodation and considering hardship. (Para 6 )
Per : Hon’ble Mr Justice Rameshwar Vyas
1.Being aggrieved by communication dated 26.02.2025 (Annex. A/1) whereby the applicant was requested either to vacate Type V Quarter No. 01 Ground Floor or to shift to Type V Quarter No. 04 on second floor, as also aggrieved by consequential communications dated 29.03.2025, 24.03.2025, 16.04.2025 & 29.03.2025 [collectively Annex. A/1] serving notices to him for vacating or shifting to another Type V quarter and levying damage rent @ 50 times of licence fee payable for Type V quarter after expiry of notice period of one month, the applicant has preferred the instant OA to quash and set aside the above communications.
2. The facts necessary to adjudicate this OA are as under:- 2.1 The applicant is working as SDE (FM Rural) BSNL in the office of PGM (BA), Jodhpur. On 31.08.2023 (Annex. R/1), he submitted an application for allotment of a residential quarter. In his application form, he provided information of family members who shall reside with him. As per CDA pay scale of E- 4, he was eligible for Type IV residential quarter, however, he made a request for allotment of Quarter No. 1 Type V on ground floor. Along with the application he submitted an undertaking that “In case application for allotment of Type V Quarter by those officers who are eligible for Type V are received, I shall vacate the higher type accommodation within 30 days if I do not become eligible for the same quarter at that time.” Accepting
the prayer of the applicant on the condition of levying three times licence fee, he was allotted one step higher quarter, i.e. Type V/01 Ground Floor in BSNL Officers Colony near JDA Jodhpur Vide allotment letter dated 27.09.2023 (Annex. A/2). After allotment, the applicant took possession of that residential quarter.
2.2 Thereafter, vide communication dated 26.02.2025 (Annex. A/1), the applicant was requested to vacate or shift to Qtr No Type V/04 (Second Floor) from Qtr No. V/01 Ground Floor within 30 days as per undertaking submitted by him. After receiving the above communication, the applicant made request for reconsideration of decision vide letter dated 07.03.2025 (Annex. A/4) wherein he mentioned that three Type V quarters are vacant and there is no pending waiting list for these accommodations. He also submitted that his elderly parents are residing with him and due to their health conditions, they are unable to shift to an accommodation on the second floor. Moving them to another quarter with such constraints would cause significant inconvenience and hardship. However, the request of the applicant was not accepted and he was again directed to vacate the quarter vide letters dated 24.03.2025, 29.03.2025 & 16.04.2025 Vide letter dated 29.03.2025, 50 times of the licence fee was also levied upon him.
2.3 Being aggrieved with the action of the respondents, the applicant has preferred the instant OA before this bench on 01.05.2025. The matter was listed before this bench for the first time on 13.05.2025. On that day, the effect and operation of the order dated 26.02.2025 and consequential orders whereby the applicant was asked to pay damage rent @ 50 times of license fee of that quarter as per OM dated 07.09.2016 was stayed.
2.4 As per reply to the OA filed by the respondents, Shri Devendra Pal Singh, Superintending Engineer (Regular) after his transfer from Delhi to Jodhpur being eligible for Type V quarter applied for Pool Residential Accommodation on 21.02.2025. He submitted the disability certificate of his aged mother diagnosed with Bipolar Disorder. He prayed to allot the quarter on the ground floor, therefore, the applicant was asked to shift to 1st Floor or vacate the Type V quarter but the applicant did not vacate or shift and violated the undertaking given by him for vacating the quarter in case of allotment of Quarter to eligible officers. In supplementary reply to the OA filed by the respondents, it is stated that only 07 Type V quarters are available in UIT colony with only
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