Raj Kumar Age 46 Years vs Medical Superintendent

The applicant has filed this OA under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs:-

"a) Stay of the eviction notice dated 08.12.2016, 22.12.2016 and 21.02.2017.

b) During pendency of the appeal respondents restraint to evict the appellant from his quarter no.137, Raj Nagar, New Delhi.

c) Direction may be issued to decide the appeal of the applicant within period of four weeks.

d) And /or pass any other order/orders, direction/directions as this Hon'ble Tribunal may deem fit and proper in the ends of justice."

Heard both the parties and perused the records.

In brief, the applicant of this OA was awarded the penalty of compulsory retirement under Rule 11 (vii) of CCS (CCA) Rules, 1965 as per the orders annexed as Annexure A-

It is the contention of the applicant that as he has filed an appeal against the said penalty order, hence, he should be allowed to retain his Govt. accommodation.

On the other hand, the respondents have stated that vide their order dated 22.12.2016, they have already sent an order to the applicant stating that as per Rules, the residential accommodation allotted to the applicant must be vacated. In fact the detailed order of the respondents is reproduced below:-

"GOVERNMENT OF INDIA OFFICE OF THE MEDICAL SUPERINTENDENT SAFDARJUNG HOSPITAL & V.M.M.C. NEW DELHI-110029 No. Type-1/137/Rajnagar Dated: 22.12.16

You have requested to your letter dated 8.12.16 that you have filed an appeal against the termination order to continue in the residential quarter Type-1/137, Raj Nagar, till the final order of the appeal in respect of the same you are hereby informed that the permission like this cannot be granted to you, therefore, you should vacate the residential quarter within a period of 15 days and possession be handed and you have terminated from the service since 23.09.16 and you should deposit the rent as per the market rate since 23.09.16 when you had terminated from services, otherwise your case can be produced before the Revenue Court.

In this respect you are hereby also informed that since 1.7.2016 the Directorate of Estate has increased market rate of rent (License fee 40 times and 10% per month additional per month), you will have to pay the rent as per these new rates market rates.

Sd/-

22/4

Administrative Officer

Revenue Department

Shri Raj Kumar, N. Parichar Type-1/137, Rajnagar, New Delhi-110029."

Despite the above order, the applicant has neither vacated the quarter nor he is paying the fixed penal rent for overstaying in the Govt. accommodation. In fact the respondents have also informed the applicant that if he wishes to stay in quarter for a period of eight months in that case he is required to move an application along with surety Bond and Damage licence fee for eight months. However, since the applicant failed to take steps, therefore notices were issued on 22.12.2016 and 21.2.2017 to vacate the said premises in 15 days and to deposit the damage charges as per Directorate of Estate prevailing rules.

In view of the factual reply filed through counter affidavit by the respondents, which has not been controverted in any way though number of opportunities were given to the applicant to file rejoinder and finally the right to file rejoinder stood forfeited on 7.1.2019.

Hence, as the action of the respondents is as per the rules, no relief is admissible to the applicant of this OA and the same is dismissed as such. Accordingly, interim order granted vide Order dated 3.4.2017 stands vacated. No costs.