Sh. Prakash Kedia vs Union Of India And Ors.
2015 Latest Caselaw 1438 Del

*            IN THE HIGH COURT OF DELHI AT NEW DELHI

+                         W.P.(C) No.1560/2015

%                                                    19th February, 2015

SH. PRAKASH KEDIA                                         ..... Petitioner
                          Through:       Ms. Prabha Sharma, Advocate.

                          versus


UNION OF INDIA AND ORS.                                    ..... Respondents
                  Through:               Mr. Rajesh Gogna, Advocate for
                                         respondent Nos.1 and 2.
                                         Mr. T. Singhdev, Advocate with Mr.
                                         Manan Khera, Advocate for
                                         respondent Nos.3 to 7.
CORAM:
HON'BLE MR. JUSTICE VALMIKI J.MEHTA

To be referred to the Reporter or not?


VALMIKI J. MEHTA, J (ORAL)

1.           By this writ petition filed under Articles 226 & 227 of the

Constitution of India, the petitioner impugns the action of the employer/IIT,

Delhi represented by respondent nos.3 to 7 herein, whereby petitioner's

entitlement to stay in the accommodation being flat no.IP-85, IIT Campus,

Hauz Khas, New Delhi has been terminated.


2.           The reasons given by the respondent nos.3 to 7/employer for

terminating the entitlement of the petitioner to the subject flat no.IP-85 is
WP(C) 1560/2015                                                      Page 1 of 4
 that the said accommodation is a family accommodation and it is not meant

for the use of non-family persons such as the petitioner who is single. The

case of the petitioner, however, was that the petitioner was entitled to the

said accommodation because his aged parents were living with him.


3.           I am surprised as to how petitioner has rushed to this Court in

spite of the letter of the respondents dated 28.1.2015 by which the petitioner

was asked to submit documentary proof of his parents living with him such

as the aadhar card, voter card, ration card, passport etc. The petitioner

instead of furnishing the documentary proof to the requisite authority, has

however rushed to this Court for quashing of this letter dated 28.1.2015 and

the earlier order dated 15.9.2014. The document dated 15.9.2014 which is

impugned is a note/order which only states that the petitioner is not entitled

to occupy the accommodation since he is single. The letter dated 28.1.2015

is not an eviction order but only a letter giving opportunity to the petitioner

to give necessary documentary proof in support of the fact that petitioner's

parents are living with him. This letter dated 28.1.2015 reads as under:-


     "       INDIAN INSTITUTE OF TECHNOLOGY DELHI
                   Industrial Research & Development Unit
     No.IITD/IRD/M-96/633                           Dated: 28/01/2015


WP(C) 1560/2015                                                     Page 2 of 4
      Sh. Prakash Kumar Kedia presently working as Project Associate in
     the project # MI00568 is occupying IRD married accommodation IP-
     85 since December, 2006 and has submitted that he is staying with his
     parents in the said IRD married accommodation.
     As desired by the Competent Authority, Sh. Kedia is required to
     submit valid documentary proofs with regard to dependency and
     residency (Aadhar Card/Voter Card/ Ration Card/ Passport, etc.) of
     his parents with him from the year 2006 onwards at the said address
     (IP-85, IIT Delhi).
     Accordingly, Sh. Kedia is requested to submit the required
     documentary proofs on or before 4th February, 2015 positively failing
     which the action as deemed fit may be taken against him.
                                                   Sd/-
                                              (V.K. Vashistha)
                                        Assistant Registrar, IRD

     1. Sh. Prakash Kr. Kedia (Emp. Code-10244)
        Project Associate (MI00568)
        Department of Civil Engineering
        (Th: Prof. A.K. Jain, PI)

     2. Sh. Prakash Kumar Kedia
        IP-85, IIT Delhi.

       Cc: 1.Dy. Director (O)
       2. Dean (R & D)
       3. Associate Dean (HM)"

4.           The petitioner, as stated above, instead of responding to the

letter dated 28.1.2015 which only asked the petitioner to submit the requisite

documentary proof, has approached this Court and that too without filing

any documentary proof of his parents staying with him including of

documents such as the aadhar card, voter card, ration card, passport etc.
WP(C) 1560/2015                                                     Page 3 of 4
 Obviously once there is no documentary proof, the self-serving averments

and affidavits that the petitioner's parents are living with him, have no basis

for being accepted.

5.           In view of the above, there is no merit in the petition and the

same is therefore dismissed, leaving the parties to bear their own costs.




FEBRUARY 19, 2015                             VALMIKI J. MEHTA, J.

Ne