it2025_00617 — Applicant employed with Naval Armament Depot, Trombay was allotted a change of quarter as per his request in the 1st floor of the building due to his reported parent health condition. Even though he was allotted a 1st floor quarter as per his request, the same was cancelled as he requested for change of quarter within 6 months of his previous allotment of quarter. Challenging that cancellation, he filed this OA. Tribunal after studying the case and hearing both sides ordered the Applicant to vac

IT Rules

Applicant employed with Naval Armament Depot, Trombay was allotted a change of quarter as per his request in the 1st floor of the building due to his reported parent health condition. Even though he was allotted a 1st floor quarter as per his request, the same was cancelled as he requested for change of quarter within 6 months of his previous allotment of quarter. Challenging that cancellation, he filed this OA. Tribunal after studying the case and hearing both sides ordered the Applicant to vacate the quarter allotted to him in the 1st floor as it is clear that "the Applicant has not displayed a transparent and legally secure approach and cannot therefore approach this Tribunal for any relief to confirm his illegal action". The authority concerned is at liberty to consider provision of accommodation in his previous flat or an alternative flat or else permit retention in the same flat depending upon their administrative consideration in the Quartering Committee — The chunk describes the case of an employee at Naval Armament Depot, Trombay who was allotted a Type-II quarter on July 4, 2016 and subsequently filed for a change to a 1st floor flat due to his pare... — Facts: Applicant employed in Naval Armament Depot at Trombay became eligible for Type-II quarter in August, 2014. Accordingly, as per request he was allotted a Type-II quarter on 4-7-2016 which flat he took possession on 21-7-2016. Within two months on 20-9-2016, he filed an application for a quarter in the 1st floor of the building as his father had undergone. Angioplasty in 2010 and his mother is also a patient of hypertension. Hence he was allotted a 1st floor flat within 6 months of his occupying the earlier flat due to which the quarter wrongly allotted in the 1st floor was cancelled. The Applicant who took charge of the new flat in 1st floor of the building on 14-2-2017 vacated the same on 18-2-2017 and a cancellation order was issued by the same manager on 17-2-2017. Applicant's case is that, he needed a 1st floor flat for reasons stated above and he is also eligible for Type-II quarter. He was permitted to change the quarter as per rules. In view of the above, he filed this OA for a declaration that he is eligible for allotment / change of quarter in the 1st floor of the building and direct the Respondents accordingly. Respondents justified their stand on various grounds, stated that his parents are living in Bhusawal and not with the Applicant. Tribunal after hearing both sides held that the general scheme of rules of Director of Estates can be more strictly applied in these special cases basing on the needs and priorities of that department. The rule is that, change of quarter can be accepted only 6 months after the earlier quarter is occupied. Applicant's reference also specifies under the subsidiary rule for change of accommodation should be made in the prescribed form and after inclusion in the computerized waiting list, the inter se seniority will be determined on first-come-first-served basis. "The Applicant herein was not even in roster, had not filed the prescribed forms, while two employees of NAD, Mumbai were in waiting list roster and senior by prior application".

IT Rules

Applicant employed with Naval Armament Depot, Trombay was allotted a change of quarter as per his request in the 1st floor of the building due to his reported parent health condition. Even though he was allotted a 1st floor quarter as per his request, the same was cancelled as he requested for change of quarter within 6 months of his previous allotment of quarter. Challenging that cancellation, he filed this OA. Tribunal after studying the case and hearing both sides ordered the Applicant to vacate the quarter allotted to him in the 1st floor as it is clear that "the Applicant has not displayed a transparent and legally secure approach and cannot therefore approach this Tribunal for any relief to confirm his illegal action". The authority concerned is at liberty to consider provision of accommodation in his previous flat or an alternative flat or else permit retention in the same flat depending upon their administrative consideration in the Quartering Committee — The chunk describes the case of an employee at Naval Armament Depot, Trombay who was allotted a Type-II quarter on July 4, 2016 and subsequently filed for a change to a 1st floor flat due to his pare... — Facts: Applicant employed in Naval Armament Depot at Trombay became eligible for Type-II quarter in August, 2014. Accordingly, as per request he was allotted a Type-II quarter on 4-7-2016 which flat he took possession on 21-7-2016. Within two months on 20-9-2016, he filed an application for a quarter in the 1st floor of the building as his father had undergone. Angioplasty in 2010 and his mother is also a patient of hypertension. Hence he was allotted a 1st floor flat within 6 months of his occupying the earlier flat due to which the quarter wrongly allotted in the 1st floor was cancelled. The Applicant who took charge of the new flat in 1st floor of the building on 14-2-2017 vacated the same on 18-2-2017 and a cancellation order was issued by the same manager on 17-2-2017. Applicant's case is that, he needed a 1st floor flat for reasons stated above and he is also eligible for Type-II quarter. He was permitted to change the quarter as per rules. In view of the above, he filed this OA for a declaration that he is eligible for allotment / change of quarter in the 1st floor of the building and direct the Respondents accordingly. Respondents justified their stand on various grounds, stated that his parents are living in Bhusawal and not with the Applicant. Tribunal after hearing both sides held that the general scheme of rules of Director of Estates can be more strictly applied in these special cases basing on the needs and priorities of that department. The rule is that, change of quarter can be accepted only 6 months after the earlier quarter is occupied. Applicant's reference also specifies under the subsidiary rule for change of accommodation should be made in the prescribed form and after inclusion in the computerized waiting list, the inter se seniority will be determined on first-come-first-served basis. "The Applicant herein was not even in roster, had not filed the prescribed forms, while two employees of NAD, Mumbai were in waiting list roster and senior by prior application".

Original Rule Text

Original Rule Text