IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF MARCH, 2017 PRESENT THE HON’BLE MR. SUBHRO KAMAL MUKHERJEE, CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR WRIT APPEAL NO.2128 OF 2017 (S-RES) BETWEEN LT COL S S DAGAR S/O SHRI D S DAGAR AGED ABOUT 45 YEARS, R/O P-13/4, FMCC , NEAR MANIPAL CENTRE, CUBBON ROAD, BANGALURU 560 001 ... APPELLANT (BY SRI S S DAGAR, PARTY IN PERSON) AND 1. UNION OF INDIA THROUGH THE SECRETARY, GOI, SOUTH BLOCK, MINISTRY OF DEFENSE DHQ PO, NEW DELHI 110 011 2. THE CHIEF OF ARMY STAFF INTEGRATED HQ OF MINISTRY OF DEFENSE (ARMY), SOUTH BLOCK, DHQ PO, NEW DELHI 110 011 3. THE QUARTER MASTER GENERAL INTEGRATED HQ OF MINISTRY OF DEFENSE (ARMY), SENA BHAWAN, DHQ PO, NEW DELHI 110011 4. DIRECTOR GENERAL LAND WORK ESTATE (LWE)/POLICY (QUARTER) QUARTER MASTER GENERAL'S BRANCH, INTEGRATED HQ OF MINISTRY OF DEFENSE (ARMY), ROOM NO.401 A, 4TH FLOOR, B WING, SENA BHAWAN NEW DELHI 110 011 5. GENERAL OFFICER COMMANDING KARNATAKA & KERALA SUB AREA, CUBBON ROAD, BENGALURU 560001 6. STATION COMMANDER & ESTATE OFFICER STATION CELL, KARNATAKA & KERALA SUB AREA , CUBBON ROAD, BENGALURU 560001 7. COL MANISH SINHA, DIRECTOR POLICY (QUARTER) O/O DIRECTOR GENERAL LAND, WORKS & ESTATE/POLICY QUARTER MASTER GENERAL BRANCH, INTEGRATED HQ OF MINISTRY OF DEFENCE (ARMY) DHQ PO, SENA BAHVAN, NEW DELHI 110011 ... RESPONDENTS (BY SRI H JAYAKARA SHETTY, ADVOCATE FOR R-1 TO R-6) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED IN THE WRIT PETITION 43903/2015 DATED 07/03/2017.
THIS APPEAL COMING ON FOR PRELIMINARY HEARING THIS DAY, THE CHIEF JUSTICE DELIVERED THE FOLLOWING:
JUDGMENT Office objections are overruled.
2. The appellant is appearing in person. We take up the appeal for preliminary hearing, as prayed for by the appellant.
3. This is an appeal against the judgment and order dated March 7, 2017, dismissing a batch of writ petitions.
4. The writ petitioner is a Lieutenant Colonel of the Indian Army. Presently he is on study leave. He was holding a quarter according to his status. He was asked to vacate the quarter allotted to him in order to accommodate the new incumbent.
5. The appellant submits that he cannot be asked to vacate the allotted quarter as he is on study leave.
6. The case of the writ petitioner-appellant is covered by the circular dated October 21, 2011, which does not permit the writ petitioner to retain the accommodation given to him prior to the commencement of the study leave. It is open to him to accept accommodation of a lower scale/type or hired accommodation on Hired on Rent Reimbursement (HRR) basis, or to stay in his own accommodation and claim for House Rent Allowance.
7. The Hon’ble Single Judge rightly dismissed the writ petition.
8. We find no merit in the appeal requiring interference. Therefore, the writ appeal is dismissed.
9. We make no order as to costs.
Sd/- CHIEF JUSTICE vgh* Sd/- JUDGE