Dilawar Singh, Tax Assistant vs Union Of India And Ors

V. Ajay Kumar, J

The father of the applicant, Shri Surbir Singh expired on 09.06.2006, in harness. The applicant got appointment as Tax Assistant in the department on 20.01.2014, on compassionate grounds. The applicant continued in the same quarter in which he was residing at the time of his father's death even though his compassionate appointment was after a lapse of 7½ years after the death of his father. He continued to reside in the same quarter till date. Hence, the respondents passed the Annexure A-1 order dated 17.12.2015 under Section 4(1) of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 to show cause against order of eviction of unauthorised occupation of the applicant. The respondents also issued Annexure A-1A order of eviction under Section 5(1) of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 dated 21.01.2016. Questioning the said orders, the applicant filed the instant OA.

While issuing notice, this Tribunal stayed the operation of the impugned orders, as a result, applicant is continuing in the same quarter.

Heard Shri M.K. Bhardwaj, learned counsel for the applicant and Shri Gyanendra Singh, learned counsel for the respondents and perused the pleadings on record.

At the outset, the learned counsel for the respondents submitted that in identical circumstance, i.e. whether the wards of the deceased employees, who were appointed on compassionate grounds after a lapse of a period of more than 3 years from the date of death of their father/mother are entitled to retain the Government accommodation beyond 2 years, this Tribunal dismissed the OAs both on the point of jurisdiction as well as on merits.

In OA No.4136/2016 (Shri Om Prakash Kant Vs. Union of India and Others) in identical circumstances, a Learned Single Member of this Tribunal by order dated 23.12.2016 dismissed the OA holding that the same is not maintainable for want of jurisdiction, after following the decision of the Hon'ble Apex Court in Union of India Vs. Rasila Ram and Others, JT 2000 (10) SC 503.

In OA No.552/2016 another Single Member of this Tribunal in Imran Ahmed Vs. Union of India and Others by order dated 17.04.2018, dismissed the OA on merits.

After careful examination of the said decisions, we are of the view that the case of the applicant is identical to the cases of the applicants in the said OAs.

In the circumstances and for parity of reasons, the OA is dismissed and the interim orders are vacated. No costs.