G.C.Sharma & Ors v. UOI & Ors

/1-t' s-2&3 * IN THE HIGH COURT OF DBLHI AT NEW DBLHI + w.P.(c) 3r7l/20r3 RAJE,NDI{A P MISHRA & ORS .'... PEtitiONCTS Represented by: Mr.Sumeet Sharma, Advocate VETSUS LINION OF INDIA & ORS ..... Respondents Represented by: Mr.Joginder Sukhija, CGSC for R-l and R-2 w.P.(c) 3226t20r3 G.C.SHARMA & ORS ..." Petitioners Represented by: Mr.Sumeet Sharma, Advocate VCTSUS UOI & ORS ..... ResPondents Represented by: Mr.Joginder Sukhija, CGSC for R-1 and R-2 CORAM: HON'BLE, MR. JUSTICE PRADBEP NANDRAJOG HON'BI,E MR. JUSTICE V. KAMESWAR RAO ORDBR o

22.05.2013 l. Dismissing oA No.49212009 and oA No.49312009, vide order dated April 02, 2009 the Central Administrative 'fribunal permitted writ petitioners, who were the applicants before the T'ribunal, to submit a Page I oJ 3 Certify that the digital and physical file have been compared and the digital data is as per the physical file and no page is missing. \ representation to their office pertaining to the official accoffrmodation being not habitable. I'he issue arose before the Tribunal because the stand taken by the employee was that since the employer was prepared to give residential accommodation to the employees they were not entitled to House Rcnt Allowancc.

¶2Seeking review, the writ petitioners were disappointed when vide order dated June 30, 2009, review application was dismissed. Claiming to be armed with certain documents statedly received in response to questions senl under the Right to Information Act, second review was filed which was disrnissed vide order dated February 06,2013.

¶3All 3 orders are challenged before us.

¶4Wc do not intend to get into the tcchnical nitty gritties of law for the reason we find that vide order dated April 02,2009 the Tribunal has permitted the writ petitioners to submit a representation to the employer on thc subject of IIouse Rent Allowance, but limited to the habitability of the houses. Wc modify said direction permitting writ petitioners to make a wholesome representation and this would include the right to rely upon such documents which writ petitioners have obtained under Right to Inforrnation Act after the Original Applications filed by them were disposed of as also the First Review Application filed were dismissed.

¶5Let a representation be filed within 6 weeks.

¶6The same would be considered and decided by a reasoned and a spcaking ordcr within 8 weeks of receipt thereof. -

¶8No costs. DAS'il. Page 2 oJ 3 1{ CMeNos.6025-27l2013e ineW.P.rCreNo.3eIe7e1/201e3 CMeNos.6ltiti-02/2013e ineW.P.rCreNo.3226l2013 Disrnissedeaseinfructuous. ___^"-_Tg PRADEEPeNANdRAIOG..I. l.e t Nrl,e' V.eKAMESWAReRAO.eJ. MAYe22,2013 murrrlg Pagee3eofe3