Tribunals and CommissionsDivision Bench(2021) 05 CAT CK 0394

C.S. Sebastian & Anr. vs Flag Officer Commanding In Chief & Ors.

Central Administrative Tribunal, Ernakulam · Decided on 31 May 2021

HON’BLE JUDGES
P. Madhavan, Judicial Member · K.V. Eapen, Administrative Member
CASE NUMBER
O.A No.180/00197/2020

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Judgment

11 paragraphs · 369 words

Per: P.Madhavan, Judicial Member

This is an Original Application filed seeking the following reliefs:

"i)

To call for the records leading to Annexure A6 order issued by the Fourth respondent and to quash the same

2)

To call for the records leading to Annexure A7 order issued by the Fourth respondent and to quash the same.

3)

To declare that the applicants are eligible for House Rent Allowance , paid to the applicant for the month of February 2020, now withstanding the issue of Annexure A6 and A7 by the Fourth respondent, as the same were issued without complying with the proper procedure prescribed for allotment of Government accommodations.

4)

To direct the respondent nos.1 to 4 to continue to pay House Rent Allowance to the applicants, as was paid to the applicants for the month of February 2020, not withstanding the issue of Annexure A6 and A7 orders issued by the Fourth respondent

5)

To direct the second respondent to consider Annexure A8 representation submitted by the first applicant in accordance with law as within a time frame that this Hon'ble Court may consider appropriate.

6)

To direct the second respondent to consider Annexure A9 representation submitted by the second applicant in accordance with law as within a time frame that this Honourable court may consider appropriate. . "

2.

When the matter came up for consideration, it appears that the applicants have given representations at Annexure A-8 and Annexure A-9, but no action has been taken on the same till date. Learned counsel for the applicant submits that the applicants will be satisfied if a direction is given to the respondents to consider the same and pass a reasoned and speaking order within a time frame.

3.

In view of the limited submission, the Competent Authority is directed to consider Annexures A-8 and A-9 representations in the light of relevant rules and regulations on the subject and pass a reasoned and speaking order within a period of three months from the date of receipt of a copy of this order. An opportunity of being heard may also be given to the applicants.

4.

The Original Application is disposed of accordingly at the admission stage itself. No costs.