claiming of seniority for higher type quarters

Submitted by divakarankc on Tue, 09/09/2014 - 21:41

Thank you sir for accepting my registration. I need some information and clarification. I had filed a case against my administration in connection with Inter Department  Transfer within ICF. In the above judgment the Hon'ble High Court orderded to allow all the benefits prospectively ie, w.e.f 14.05.2009. But the Administration approached the Hon'ble Supreme Court and filed an SLP in 2010, instead of implementing  the High Court  Order. The Hon'ble Supreme Court dismissed the SLP in 2013 october and I have been allowed all the monitory benefits prospectively w.e.f 14.05.2009, as per High court Order during March-2014.

          Based on this judgment I have got promotion (MACP) with GP- 4600 w.e.f march-2009 and I am eligible for Type-IV Quarters w.e.f that date or at least 14.05.2009. If the Administration had implemented the High Court order in 2009, I could have registered for Type-IV quarters in 2009 itself.

          During may-2014, I approached the Administration for allowing backdate seniorty. The Administration refused my request stating that :

1. The High court order do not speak specifically about Quarters seniority.

2. The date of Registration is the only criteria for maintaining the seniority.

         Regarding this I enquired with My Advocate and he told that it is possible by the way of  filing a contempt of Court against the Admn. Before going for that I wish to know whether there is any specific rule or instruction available in IREM or other Rly.Bd orders regarding maintaining the seniority of quarters. If you have any information, please share to me.

         Thanking you.