A public employee has no legal right to retain government residential accommodation that exceeds their grade-based eligibility, regardless of the duration of prior unauthorized occupation, family medical conditions, or the administrative deduction of rent.

O R D E R

Per Mr. Suchitto Kumar Das, Administrative Member :

1. This matter is taken up by Single Bench in view of the revised list dated 04.04.2000 issued under Sub section (6) of Section 5 of the Administrative Tribunal Act, 1985 and as no complicated question of law is involved this matter is taken up for disposal.

2. The applicant has approached this Tribunal under Section 19 of the Administrative Tribunals Act, 1985 praying for the following relief(s):

“a) An order quashing and/or setting aside the vacating order issued by the respondent authorities dated 17.07.2024.

b) An order directing the respondent authorities to quash and/or set aside the vacating order dated 02.07.2024, 16.04.2024 and 31.08.2023.

c) An order directing the respondent authorities not to give effect to policy, if any, of closing of messing accommodation violating right to peaceful life which will be violated if the residence lawfully occupied is snatched out without giving alternative arrangement.

d) To direct the respondent authorities to consider the representation of the applicant dated 23.04.2024 and 03.06.2024.

e) To direct the respondent authorities to allow the applicant to continue to reside in the said residential accommodation at Street no.3, quarters no. 10A, Chittaranjan, Paschim Bardhman, Pin 713331.

f) An order directing the respondents to produce all relevant records in connection with the present case before this Hon'ble Tribunal.

g) Cost.

h) Any other order or further order/orders as to this Hon'ble Tribunal may deem fit and proper.”

3. Facts of the case as narrated by the applicant are as follows: At the time of filing of this O.A, the applicant was working as a Technician Grade – II under the respondent authorities. In November, 2016, the applicant was allotted a residential mess accommodation and was nominated by the respondent authorities as a monitor of the mess since 6th January, 2017. On 07.10.2021, the respondent authorities issued a mess cancellation order and on 31.08.2023 issued an order to the applicant to vacate the said mess accommodation. The respondent authorities by their office order vis-à-vis letter dated 16.04.2024, 22.05.2024 and 02.07.2024 reiterated their demand of vacating the said residential accommodation by the applicant and finally on 17.07.2024 issued the impugned vacating order to the applicant. Hence this Original Application. During the pendency of the O.A, the applicant has been promoted to the grade of Tech-I.

4. Ld. Counsel for the applicant submits that in reply to vacating order issued by the railway authorities dated 31.08.2023 and 16.04.2024, the applicant by his representation dated 23.04.2024 has informed that the applicant has been residing in the said residential quarters of the respondent authorities since 2017 upon valid allotment of the same from the respondent authorities and rent in lieu of such residential accommodation has been regularly deducted from his monthly salary. The respondent authorities have unilaterally decided to withdraw such messing accommodation which is much beyond the date of occupying the said residential quarters by the applicant. The applicant also intimated the respondent authorities by the said representation dated 23.04.2024 that he is a father of a nine year old son who is having a premature brain, single kidney and has 70% physical disability while the mother of the said child i.e. the wife of the applicant is suffering from acute type-1 Diabetes and t