Grant of ante date seniority in allotment of government accomodation
umesh
(Querist) 10 July 2015
This query is : Resolved
Sir,
I would like to get clarity on following:-
1. In Port Blair Andaman and Nicobar Island the married accommodation is not constructed for Indian Air Force.
2. However only 10 houses are arranged by some other means, which are highly inadequate to meet the requirement of married accommodation.
3. Personnel are provided with HRA/CILQ/Ration Allowance against married accommodation.
4. While personal is posted from Port Blair to Main Land (Peace station), he shall be provided with ante date seniority for allotment of accommodation at new posted unit, if he is not allotted with accommodation at Port Blair. as per provision of existing government rules.
5. However I have anticipated that I may not get the ante date seniority being the same case as described above. Since my counterpart are not getting the ante date seniority, i believe that i also will be rejected for same.
6. may I request you to kindly study the policies and rules in this regard and brief me whether I am eligible for ante date seniority? as I was neither allotted with accommodation nor provided hired accommodation.
7. Please look into it, and in case my question is insufficient kindly apprise me.
Sudhir Kumar, Advocate
(Expert) 11 July 2015
Internal policies of a deptt are not taught in LLB syllabus of any university.
Please clearly bring out if in any way you find the policy against Fundamental Rights.
Rajendra K Goyal
(Expert) 11 July 2015
Internal policy need to be referred internally and are not as public law / rules.
Dr J C Vashista
(Expert) 12 July 2015
In your case Port Blair is not a field station therefore you are entitled/provided with Compensation in lieu of Quarter/House Rent Allowance due to scarcity of government married accommodation in the station.
Once you are posted out from the station to another family station where your seniority shall not be added with 2 years in the queue/waiting list for allotment of married accommodation.
However, it is an internal policy matter of the Armed Forces, which is not a subject matter of law, as rightly observed and advised by experts, I agree.
Sudhir Kumar, Advocate
(Expert) 11 March 2016
I never said that law is not involved.
He has to share the specific provision of specific instruction which he believes is violated and can seek relief from AFT.
Dr J C Vashista
(Expert) 12 March 2016
It is an internal policy(administrative) matter of the Army/Air Force and Navy to provide married accommodation to its personnel, which is not a matter of right/law and can be challanged in AFT.
