Geeta Kukreti vs Union Of India And Ors
2016 Latest Caselaw 1747 Del

$~13.
*     IN THE HIGH COURT OF DELHI AT NEW DELHI

+     W.P.(C) 1872/2016 and CM APPL. 8003/2016

      GEETA KUKRETI                            ..... Petitioner
                  Through: Ms. Saahila Lamba, Advocate

                         versus

      UNION OF INDIA AND ORS                       ..... Respondents
                    Through: Mr. Abhay Prakash Sahay, CGSC with
                    Mr. Syed Hussain, Mr. Adil Taqin, Advocates,
                    Mr. B.K. Rout, Pairvy Officer and Mr. S.S.
                    Sejwal, Law Officer, CRPF.

      CORAM:
      HON'BLE MS. JUSTICE HIMA KOHLI
      HON'BLE MR. JUSTICE SUNIL GAUR

                         ORDER

% 03.03.2016

1. The present petition has been filed by the petitioner praying inter alia

for restraining the respondents from recovering any amount from her salary

towards unauthorised occupation of the government accommodation allotted

to her at Jharoda Kalan, New Delhi.

2. Ms. Lamba, learned counsel for the petitioner submits that the

petitioner is seeking refund of the amounts deducted by the respondents

from 01.07.2013 to 31.03.2015, on the ground that vide Signal dated

15.01.2014, the respondents had decided that "due to reorganisation of the

force, retention of quarters be allowed to force personnel till 31.03.2015, on

request of allottees". She submits that immediately on being intimated

about the issuance of the aforesaid Signal, the petitioner had submitted a

representation dated 30.03.2014 to the respondents praying inter alia for

retention of the quarter, particularly, on the ground that her husband is a

cancer patient and needs to undergo treatment from a Hospital in the same

vicinity. She states that the said representation was followed by several

other representations made by the petitioner, the last one dated 21.05.2015

(Annexure P-5), but none of them have been considered by the respondents

and at the same time, they are continuing to deduct a sum of Rs.7,599/- p.m.

from the petitioner's salary, with effect from April, 2015.

3. Counsel for the respondents, who appears on advance notice, assures

the Court that the latest representation of the petitioner dated

21.5.2015(Annexure P-5) shall be considered and decided in the light of

Signal dated 15.01.2014, if applicable, within four weeks under written

intimation to the petitioner. If the petitioner is aggrieved by the decision that

may be taken, she shall be entitled to seek her remedies as per law.

4. The petition is disposed of alongwith the pending application.

HIMA KOHLI, J

SUNIL GAUR, J MARCH 03, 2016 rkb/mk