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Thursday, December 16, 2010

Remarkable Judgement by Hon'ble CAT, Cuttack Bench in favour of the employee:

Order dated  11th Novemeber,2010 in O A No. 299 of 2010
passed by Hon’ble Central Administrative Tribunal, Cuttack Bench, Cuttack filed by Sri Ramesh Chandra Behera , SPM, Central Govt. Colony NDT SO, Bhubaneswar – 751001 versus Union of India & Others

No employee could be forced to move to Govt. accommodation below his entitlement  having insufficient  and inadequate space to accommodate his family members.

The Respondents were wholly unjustified  in recovering and stopping  payment of HRA  to the applicant.

It is worth mentioning here that  through our  Item No. 02 – 11 / 2007 we have been discussing with the Divisional administration for dequaterization of all unsuitable  / uninhabitable  post quarters and post quarters having below schedule of accommodation and the said item is  still  kept open for discussion. Reiterating the instructions contained in the Postal Directorate letter No. 24 / 3 / 76 / PAP, dated 20.08.1979 and No. 7 – 1 / 2010 – Bldg, dated 08.04.2010, we have already brought the case of  Gati Krushna Pradhan and  Sri Suresh Ch. Das ( who are not approved LSG officials but forcefully posted to officiate against the post of LSG SPM of Budheswari Colony, Bhubaneswar – 751 006 and Baramunda H B Colony, Bhubaneswar – 751 003 respectively  having post attached quarters )  for suspension of  post attached rent free quarters  under SR – 313 ( a ), ( b ), ( c ) and ( f ) so that the officials posted under an officiating arrangement  are allowed the benefit of drawal of HRA. Similar is the condition of almost all the post attached quarters in rural areas including Nayahat S O which is still pending for a decision and HRA is not being paid to Sri R C Kandi, SPM and member of this union. The situation became such that Sri R C Behera, SPM, CG Colony S O and a member of this union having a single room as post attached quarters was forced to proceed to court for justice when the Divisional administration did not pay any attention either to his submissions or the suggestions of this union discussed several times in the monthly union meeting. In addition, the plight of Sri K Laxmidhar Patra, SPM, Mancheswar Rly. Colony S O and a member of this union beggars description. The doors and windows of the post attached quarters of Mancheswar Rly. Colony SO have been detached and the house is under repairing by the railway authorities who have provided the same. The ASPOs ( OD ) has already witnessed the condition of the quarters during the annual office inspection and   the official has since represented in this regard to the Divisional administration. But still, he is deprived of his legitimate HRA.
We can’t assume that the Divisional administration is unaware of such instructions. Had the above rulings been interpreted in a right manner, quite a good number of employees would have been benefited.
The admissible  HRA is not being paid to the above employees too mercilessly and the staff members are forced to suffer heavy financial losses for no fault of their own. It is not understood how the instructions issued by the Directorate for staff welfare are misinterpreted by the  administration to harass the staff members and compelling them to take the shelter of courts.
Hope, the Department will now think twice before compelling an employee to occupy a Govt. accomodation below his enntitlement and will expedite to settle all pending dequarterization cases to avoid unnecessary court cases and legal complicacies.
            The scanned copy of the CAT’s order is reproduced below for information of all members.

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