J.L. Gupta, J. - (1.) THE petitioner, an officer in the Air Force prays for the issue of a writ directing the respondent authorities to allow him to "retain the house in which he is residing at present" despite his transfer to Jorhat (Assam) vide order dated July 30, 1999.
(2.) THE short question is - Has the petitioner an indefeasible right to retain the accommodation which he was occupying at Chandigarh during the tenure of his positing here ? Or Can his family be accommodated in a house of a lower category ?
(3.) MS . Ritu Punj, learned counsel for the petitioner, has referred to the instructions issued by the Government of India vide letter dated November, 12, 1997, a copy of which has been produced as Annexure P -6 with the writ petition. She points out that by virtue of these instructions_ an officer on his transfer to Assam and Tripura is entitled to the "retention of Government married accommodation.........occupied by the officer prior to posting to Assam and Tripura......." She further points out that the circumstances were reiterated by a subsequent communication of June 26, 2000. On this basis, it is claimed that the appropriate direction deserves to be issued to the respondents.;