TOM JOSEPH Vs. UNION OF INDIA

JUDGEMENT

(1.) THE applicant has filed the present O.A. seeking allotment of quarter No. C.9 atDAD Residential Complex, THEvara, Perumanoor, Kochi in

(2.) The facts of the case in brief are that the applicant is working as a Section Officer in the office of the 5th respondent, namely, the Assistant Accounts Officer, Defence Pension Disbursing Office, Perumanoor, Thevara, Kochi. He joined the present office on 12.4.04 on transfer from Bangalore. Immediately on joining he made an application for allotment of a Government accommodation and accordingly he was allotted Quarter No. Type III P.4.C Palluruthy, Kochi on 1.6.04.

(3.) THE applicant, therefore, sought an interim relief in the O.A. to restrain the respondents from allotting the said Quarter No. 9-C at DAD Residential Complex, THEvara, to any other persons, till the disposal of the O.A. When the matter came up for hearing on 23.6.05 Shri TPM Ibrahim Khan, SCGSC appeared on behalf of the respondents. On the assurance of the learned SCGSC that no action will be taken to allot the said quarter to any one else, if it has not already been allotted so far, no restraint order as sought by the applicant was passed and the case was adjourned to 28.6.05. Again on 28.6.54 the learned SCGSC sought further time to get instructions from the department in the matter and the case was posted for 29.6.05."When the matter came up on 29.6.05 the learned SCGSC sought further two weeks' time to file a statement on behalf of the respondents and again assured that no action will be taken to allot the quarter in question as already undertaken by him on 23.6.05 and the case has been adjourned to 18.7.05. THE applicant has submitted that notwithstanding the aforesaid assurance of the learned SCGSC on the previous two occasions, the quarter was allotted to the 6th respondent, namely, one Shri P.K. Omanakuttan, Assistant Accounts Officer. THE explanation given by the respondent No. 3 was that the Senior Central Government Standing Counsel did not intimate the undertaking given by him in the Court to the respondents since the file relating to the case happened to be misplaced. In the absence of any intimation, the Quarter No. C/9 at THEvara was allotted to the 6th respondent and he occupied it on 27.6.05. THE applicant had filed CP (C) 34/05 in this regard and the same will be dealt with separately in this order.