High CourtsDIVISION BENCH

LT COL S S DAGAR S/O SHRI D S DAGAR Vs UNION OF INDIA

Karnataka High Court · Decided on 31 March 2017 · Citation: (2017) 03 KAR CK 0297

HON’BLE JUDGES
Subhro Kamal Mukherjee, P.S.Dinesh Kumar
RESULT
Dismissed
CASE NUMBER
2128 of 2017 (S-RES)

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Judgment

27 paragraphs · 217 words
1.

Office objections are overruled.

2.

The appellant is appearing in person. We take up

the appeal for preliminary hearing, as prayed for by the

appellant.

3.

This is an appeal against the judgment and order

dated March 7, 2017, dismissing a batch of writ petitions.

4.

The writ petitioner is a Lieutenant Colonel of the

Indian Army. Presently he is on study leave. He was

holding a quarter according to his status. He was asked to

vacate the quarter allotted to him in order to

accommodate the new incumbent.

5.

The appellant submits that he cannot be asked to

vacate the allotted quarter as he is on study leave.

6.

The case of the writ petitioner-appellant is

covered by the circular dated October 21, 2011, which

does not permit the writ petitioner to retain the

accommodation given to him prior to the commencement

of the study leave. It is open to him to accept

accommodation of a lower scale/type or hired

accommodation on Hired on Rent Reimbursement (HRR)

basis, or to stay in his own accommodation and claim for

House Rent Allowance.

7.

The Hon''ble Single Judge rightly dismissed the

writ petition.

8.

We find no merit in the appeal requiring

interference. Therefore, the writ appeal is dismissed.

9.

We make no order as to costs.