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Judgment
Learned counsel for the parties are present and heard.
The applicant has approached this Tribunal under Section 19 of the Administrative Tribunals Act, 1985, praying for the following reliefs:–
“(a)to direct the respondents authorities to decide the application/ representation dated 29.07.2026 within stipulated period as fixed the Court.
(b)to vacant the government quarter no 719-8 which has been allotted to the applicant by the railway department for residing in which respondent no. 5 illegally occupied
(c)Any other order or direction which this Hon'ble Tribunal may deem fit and proper in view of the facts and circumstances of the case.
(d)And award cost of the applicant of the applicant/applicant
The present Original Application has been filed seeking a direction to the respondent authorities to cancel the allotment of Quarter No. 719-B, Banaras Rail Karkhana Varanasi, allotted in favour of the applicant, and to take appropriate action with regard to its occupation by respondent No. 5. Learned counsel for the applicant submits that the applicant has not been residing in the said quarter since 21.11.2022, after obtaining a divorce from his wife, i.e. respondent No. 5, and that the rent in respect of the said quarter is being deducted from the applicant’s salary. In these circumstances, the applicant submitted a representation before the competent authority; however, no action has been taken. The facts, as stated, are that the applicant was appointed to the post of Helper, Grade-II, Mechanical, on 28.09.2010 in the pay scale of Rs. 5,200–20,200/-, and the quarter was allotted to the applicant on 21.05.2014. Thereafter, on account of certain disputes arising between the applicant and his wife, the applicant filed a suit under Section 13 of the Hindu Marriage Act before the learned Family Court, Chandauli, seeking divorce. Suit No. 116 of 2017 was filed under Section 13 of the Hindu Marriage Act and the same was decided by the learned Family Court by judgment and order dated 21.11.2022, whereby a decree of divorce was granted in favour of the applicant. However, the said quarter is still being occupied by respondent No. 5, for which the rent is being paid by the applicant. Therefore, he is seeking a direction to the respondent authority to consider the grievance of the applicant by cancelling the quarter in question, i.e. Quarter No. 719-B, allotted in favour of the applicant, and to take appropriate proceedings for eviction of respondent No. 5.
Therefore, at this stage, learned counsel for the applicant is seeking a direction that the representation dated 29.07.2026 submitted by the applicant may be decided in accordance with the extant rules.
Learned counsel for the respondents seeks time to obtain instructions with regard to the unauthorized occupation of the quarter by respondent No. 5 and to apprise the Court of the status.
Considering the limited prayer of the applicant and without going into the merits of the case, this Tribunal is of the opinion to dispose of the present Original Application with a direction to respondent No. 3/competent authority to look into the grievance of the applicant and decide the representation dated 29.07.2026 within a period of eight weeks from the date of receipt of a certified copy of this order, in accordance with law.
Accordingly, the instant Original Application stands disposed of with the above-mentioned directions.
It is made clear that this Tribunal has not entered into the question of delay, laches, or the merits of the applicant’s claim. All issues are left open for consideration by the respondents.
All pending M.A.s, if any, stand disposed of. No order as to costs.