This writ petition has been filed praying for a Declaration, to declare that the action of the respondents in allotting the houses of the residential quarters of the 1st respondent to the staff of the Central Industrial Security Force, as illegal and to consequently, direct the respondents to give the houses in the residential quarters of the 1st respondent only to the employees of the 1st and the 2nd respondents.
2. It is stated that the petitioner is a trade union, registered under the Trade Unions Act, 1926, with Registration No.200/Tin.I. It has been further stated that the Department of Atomic Energy is operating a plant at Tuticorin to produce heavy water, which is being used for Nuclear Power Plants. There are 317 employees working in the first respondent plant. There is a residential quarters for the employees of the first respondent plant, wherein, there are three different types of houses for accommodating the employees. There is another plant called Zirconium Complex at Pazhayakayal, near Tuticorin, which is also operated by the Department of Atomic Energy. There are nearly 200 employees working in the Zirconium Complex. It is also submitted that even though there is sufficient accommodation in SPIC complex, the Central Industrial Security Force Personnel are being accommodated in the complex meant for the employees of Heavy Water Plant. In such circumstances, the present writ petition has been filed before this Court, under
Article 226 of the Constitution of India.
3. The learned counsel for the petitioner had pointed out that the respondents ought to follow the Allotment of Government Residence (Department of Atomic Energy), Rules, 1964, while accommodating the Central Industrial Security Force personnel. Rules 1(c) and 1(d) of the said Rules, reads as follows: "Rule-1(c): These rules shall apply to all regular and industrial employees of the respective Heavy Water Plants and other constituent units of DAE, aided institutions under the administrative responsibility of the Department of Atomic Energy who may be allotted departmental residential accommodation which is under the administrative control of the respective HWPs. Rule-1(d): Employees of Publc Sector Undertakings and Commercial Organisations under the administrative control of the Department of Atomic Energy may also be allotted Departmental residential accommodatiion with the prior approval of the Department of Atomic Energy, subject to availability and on payment of licence fee calculated at market rate as laid down by the Government from time to time."
4. Accordingly, only employees of public sector undertakings and commercial organisations, under the administrative control of the Department of Atomic Energy, may be allotted departmental residential accommodations, that too, with the approval of the Department of Atomic Energy. It has been stated that the respondents are attempting to accommodate the Central Industrial Security Force personnel in the area of Zirconium complex at Tuticorin, without following the procedures laid down under the said rules.
5. In the counter affidavit filed on behalf of the respondents the averments made by the petitioner had been denied. It has been stated that the accommodation of the Central Industrial Security Force is only temporary in nature and the Central Industrial Security Force personnel have been brought in for the protection of the Heavy Water Plant and the Zirconium Complex, in Tuticorin. The rules have been followed, while accommodating the Central Industrial Security Force Personnel in the residential quarters of Zirconium Complex. The Central Industrial Security Force Personnel and their families would be accommodated, only on a temporary basis, for a period of six months to one year. It has also been stated that M/s. SPIC had intimated that they are not in a position to lease the quarters to the second respondent, as they had no vacant accommodation. In such circumstances, the writ petition is devoid of merits and therefore, it is liable to be dismissed.
6. In view of the averments made by the learned counsel appearing on behalf of the petitioner, as well as the respondents, this Court is of the considered view that the petitioner has not shown sufficient cause or reason for granting the reliefs, as prayed for in the present writ petition. From the records available before this Court, it is seen that the accommodation of the Central Industrial Security Force in the residential area of the Zirconium complex is only temporary in nature and the Central Industrial Security Force personnel had been brought in for the protection of the Heavy Water Plant and the Zirconium complex, in Tuticorin. It has also been stated that the accommodation is made, in accordance with the rules. It has been pointed out that the Chief Executive, Heavy Water Board, is empowered to relax any or all the provisions of the rules in the case of any officer or residence or class of officers or type of residence. In such circumstances, the writ petition is liable to be dismissed, as devoid of merits. Hence, it stands dismissed. No costs. Consequently, connected M.P. is closed.
csh To
1.Officer on Special Duty, Heavy Water Plant, Tuticorin.
2.The Project Director, Zirconium Complex, Pazhayakayal, Tuticorin.