BHABHA ATOMIC RESEARCH CENTRE OFFICERS' ASSOCIATION Vs. UNION OF INDIA

JUDGEMENT

(1.) THE applicant before this Tribunal is an association, namely - Bhabha Atomic Research Centre Officers' Association. Applicant No. 2 is the President of the Association. The other applicants are also members of the association and working as Scientific Officer in B.A.R.C. They have challenged the schedule for allotment of accommodation in various categories for the month of August, 2012, which is Annexure A -1 dated 21.8.2012. They have also challenged the priority list which was revised by the respondents. The applicant's further challenge is to the O.M. dated 01.08.2012, being one time relaxation for inclusion in the priority list for accommodation for the Allotment Year 2012. The grievances of the applicants are, inter alia, that although the respondents issued the eligibility or seniority list for allotment of quarters in January, 2012, the same was altered illegally, whimsically and thereby disturbing the seniority/eligibility position of the members of the applicant -association for allotment of quarters. The contention of the applicant is that seniority list for allotment of Type 'D' quarters and above has to be prepared taking into consideration the entry level grade pay. The entry level grade pay should be the criteria to fix the seniority position for allotment of residential quarters and not the highest grade pay in a particular grade entitled for certain type of quarters. The allotment of quarters in the department is based on the fixed eligibility condition as mentioned in letter dated 08.12.2009, which is based on the memorandum dated 21.08.2009 issued by the Ministry of Urban Development (Directorate of Estates). The respondents, by placing candidates/officers in the higher grade pay over other eligible candidates who became eligible for those particular type of quarters much before have virtually pushed them down in the seniority list for allotment of quarters. Thus, the action of the respondents in amending and altering seniority and eligibility list was highly illegal and arbitrary.

(2.) THE applicants in this O.A. have contended that the present case pertains to the category of quarters, namely Type 'D' to Type 'E'. The applicants have relied on the O.M. Dated 8.12.2009 wherein the classification of residence and eligibility criteria have been laid down. In para 3(i) the said chart is set out, which is reproduced herein below:

(3.) THE applicants have also relied on the O.M. dated 20.11.2011 which says that the deciding factor for determining the date of priority of type 'D' flats ear -marked for pay seniority should be the meeting any of the eligibility criteria prescribed. In other words, the grade pay should be taken only for determining the eligibility and not for preparing the priority list which should be based on the date of acquiring any of the grade pays prescribed for eligibility.