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High Court dismissed challenge to order to vacate accommodation

High Court dismissed challenge to order to vacate accommodation

Lt. Col Tejender Singh Dalal went on a study leave. He was asked to leave his accomodation. He challenged the said order before the High Court. The High Court held that the appellant was not entitled to the accommodation in question under the policy decision dated 30.01.2015. It dismissed the writ petition.-500332

1. Appellant submitted an application for study leave that was approved.

2. During the period of study leave, the appellant was ordered to remain attached to Station Headquarters.

3. Appellant was asked to leave his accomodation.

4. Appellant challenged the said order before the High court.

The Division Bench of the High Court held as under:

5. The request of the appellant for grant of study leave was approved after the policy decision dated 30.01.2015 came into force.

6. As per said policy, the appellant is not entitled to the accommodation in question.

7. On the contrary, he is entitled to allotment of alternative accommodation or can avail facility of house rent allowance (HRA).

8. In this view of the matter, we are unable to accept contentions of the appellant that he is not governed by the policy decision dated 30.01.2015 for the purpose of entitlement and grant of accommodation to officers on study leave or he is entitled to retain the accommodation allotted to him before he submitted his application for study leave.

9 In view of what has been discussed hereinbefore, the appeal is dismissed.

Case Reference - Lt.Col. Tejender Singh Dalal Versus Union of India and others.

IN THE PUNJAB & HARYANA HIGH COURT AT CHANDIGAR LPA-1520-2015

Date of decision : 28.11.2015