IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HON'BLE Ag. CHIEF JUSTICE MRS.MANJULA CHELLUR & THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 23RD DAY OF DECEMBER 2011/2ND POUSHA 1933 OPCAT.No. 4217 of 2011 (Z) -------------------------------------- OA.514/2011 of CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH .................. PETITIONER(S)/PETITIONER/APPLICANT: ----------------------------------------------------------- T.V.MADUSOODANAN, S/O.KANNAN NAMBIAR, P&T QUARTERS NO.P1/3 THALIPARAMBA, KANNUR-670 141. BY ADV.SRI.P.V.SURENDRANATH RESPONDENT(S)/RESPONDENTS: ----------------------------------------------- 1. UNION OF INDIA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF POSTS, NEW DELHI, PIN 110 001. 2. THE POST MASTER GENERAL, NORTHERN REGION, KERALA CIRCLE, KOZHIKODE, PIN 673011. 3. SUPERINTENDENT OF POST OFFICES, KANNUR DIVISION, KANNUR PIN 670001. BY ADV. SMT.K.V.RESHMI CGSC THIS OP (CAT) HAVING COME UP FOR ADMISSION ON 23-12-2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN OPCAT 4217/2011 EXT. P1 TRUE COPY OF THE OA 514/2011 ALONG WITH ANNEXURE EXT. P2 TRUE COPY OF THE REPLY STATEMENT FILED BY THE RESPONDENTS WITH ANNEXURE EXT. P3 TRUE COPY OF THE REJOINDER ALONG WITH ANNEXURE EXT. P4 TRUE COPY OF REPLY STATEMENT ON THE REJOINDER FILED BY THE PETITIONER EXT. P5 TRUE COPY OF THE ORDER OF THE CAT, ERNAKULAM BENCH DT. 5.12.2011 IN OA 514/2011 /TRUE COPY/ P.A. TO JUDGE Manjula Chellur, Ag. C.J. & P.R.Ramachandra Menon, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - O.P.(CAT) No. 4217 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 23rd day of December, 2011 JUDGMENT Manjula Chellur, Ag. C.J. Heard the learned counsel for the petitioner as well as Standing Counsel appearing for respondent Nos.2 and 3. 2. The present petition is filed challenging the orders of the CAT, wherein the request of the petitioner herein to retain the residential quarters allotted to him till 30.04.2012 came to be rejected. The main contention of the petitioner herein before the CAT was that, he being a Gramin Dak Sevak(Mail Deliverer) (GDS ) at Muyyam Branch Post Office, Karimbam, Thaliparamba has already put in 29 years of service in the Department of Posts and he has no house of his own. He is residing in the quarters allotted to him along with this wife and children since 2006. He was directed to vacate and handover vacant possession of the quarters allotted to him by an order dated 23.09.2010 at the instance of the respondent authorities within 10 days from the date of receipt of notice and the same followed by another order O.P.(CAT) No.4217 of 2011 -:2:- dated 25.05.2011, by which the time finally came to be granted to him to vacate the quarters was up to 15.06.2011. When the last order said no further extension of time will be given to him, he approached the CAT on the ground that his last daughter is doing her final year B.Sc (Chemistry) and she attends a College very close to the quarters, therefore, if he is given time up to 30.04.2012, he would vacate the premises without seeking any further extension of time. The CAT, after taking into consideration the defence taken by the respondent/Department, ultimately held that, no right as such is vested with the petitioner to seek extension of time as there is no procedure for allotment of quarters to GDS category employees. Accordingly, the petition came to be dismissed and the petitioner is before us challenging the said order. 3. In the present petition, the petitioner has produced identity card of his daughter along with the course certificate to indicate that she is attending the Payyannur College and the identity card is valid up to the academic year 2011-12. According to the respondent authorities, all the three daughters O.P.(CAT) No.4217 of 2011 -:3:- of the petitioner are married and they are living with their husbands. In reply to this submission the learned counsel for the petitioner brings to our notice that the last daughter of the petitioner though married to a person from Bangalore she has continued her education and she is in the final year B.Sc and this is the main reason for the petitioner to seek retention of the quarters for the convenience of his daughter who is nearing completion of her B.Sc degree. 4. No doubt, from the submissions of the respondents' Standing Counsel we are aware that, there is no provision as such for allotment of quarters to GDS category employees but the fact remains, not only the petitioner but several other GDS employees in different cadres came to be allotted with the quarters. It is not the case of the respondent authority that someone else is given this quarters and that a regular employee is waiting for allotment of the quarters. Making it clear that the petitioner has no vested right as such to seek retention of the quarters as GDS category employee in view of the policy decision of the respondent O.P.(CAT) No.4217 of 2011 -:4:- authorities, however, we find no good reason to reject his submission that only up to April 2012, he could be accommodated so that his daughter could complete her final year B.Sc. Having regard to these circumstances we allow the petition making it clear that the petitioner shall not seek further extension of time beyond 30.04.2012. He is also directed to file an undertaking by way of affidavit to the above effect within fifteen days that he would not seek any extension of time and he would voluntarily handover vacant possession of the quarters in question to the respondent authorities. Accordingly, the Writ Petition is allowed. Manjula Chellur, Ag. Chief Justice. P.R.Ramachandra Menon, Judge. ttb