Disposed

Tirath Godar Chettri v. Union of India and Ors.

Delhi HC7 Mar 2018W.P.(C)/2097/2018

Case brief

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What is this about?

Single Judge order dismissing application to retain official accommodation. Court directs Third Respondent to pass a speaking order on petitioner's representation regarding compassionate appointment/compensation within six weeks.

What did the court decide?

Direction to third respondent to deal with petitioner's representation within six weeks and inform petitioner of fate within a week.

Tirath Godar Chettri Vs Union of India and Ors. — Service and Employment | Delhi HC (2018)

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* IN THE HIGH COURT OF DELHI AT NEW DELHI

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Date of Order: March 07, 2018

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TIRATH GODAR CHETTRI ..... Petitioner Through: Mr. Sulaiman Mohd. Khan, Mr. Tribikram Meelee and Mr. Mohit Prasad, Advocates

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versus

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UNION OF INDIA AND ORS. .....Respondents Through: Mr. Sanjeev Narula, CGSC and Mr. Gaurav Rohilla, Advocate for respondents No.1 to 3

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CORAM:

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HON'BLE MR. JUSTICE SUNIL GAUR O R D E R

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(ORAL)

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Petitioner had sought compassionate appointment as a Plumber on death of his father on 5^th March, 2016 and his application was recommended by Western Command vide Communication of 10^th August, 2016 (Annexure-E). Thereafter, petitioner had sought Court of Inquiry Report vide letter of 4^th February, 2017 (Annexure-I) . Petitioner had also sought information under RTI on 16^th December, 2016 regarding death of his father and on 11^th August, 2017, vide Representation (Annexure-P Colly) , petitioner had sought grant of compensation or appointment on compassionate grounds. The said Representation was forwarded by the concerned Administrative Officer, but according to petitioner’s counsel, there is no response to the said Representation. It is further submitted that again on 28^th August, 2017, another Representation

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(Annexure-P colly.) was sent to third respondent and the fate of this Representation is also not known till date.

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Vide Communication of 10^th August, 2016 (Annexure-F) , petitioner was permitted to retain the official accommodation for a period of 24 months. Petitioner’s counsel submits that till petitioner’s Representation of 28^th August, 2017 (Annexure-P colly.) is decided, petitioner be permitted to retain the official accommodation. This prayer is declined for the reason that petitioner in the first instant has sought compensation and in the alternate, has sought appointment on compassionate grounds. Another reason for declining this prayer is that petitioner had not been diligently pursuing the Representation of April, 2016.

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In the facts and circumstances of this case, it is deemed appropriate to dispose of this petition with direction to third respondent to deal with petitioner’s Representation of 28^th August, 2017 (Annexure-P colly.) by passing a speaking order thereon within a period of six weeks and the fate of the Representation be made known to petitioner within a week thereafter, so that petitioner may avail of the remedies as available in law, if need be.

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With aforesaid directions, this petition and the applications are disposed of.

Dasti.

(SUNIL GAUR)

JUDGE

MARCH 07, 2018 s

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Tirath Godar Chettri v. Union of India and Ors.

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Tirath Godar Chettri v. Union of India and Ors.

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