Central Administrative Tribunal
RUPESH KUMAR vs CENTRAL PUBLIC WORKS DEPARTMENT on 9 October 2026
CENTRAL ADMINISTRATIVE TRIBUNAL HYDERABAD (TELANGANA)
NO. 5-10-193, 1ST FLOOR, HACA BHAVAN,HYDERABAD - 500004
Order Sheet
Item no.: 1
M.A./358/2026 (TELANGANA)
[ MA FOR JOINING TOGETHER ]
In
Diary No.: 1533/2026
ACCOMMODATION
Court No.: 2
No of Adjournment:
Order Dated: 09/10/2026
RUPESH KUMAR
Vs
CENTRAL PUBLIC WORKS DEPARTMENT
For Applicant(s) Advocate : DR A RAGHU KUMAR
For Respondent(s) Advocate : M SWARNA, Sr.PC for CG
Order of The Tribunal
Heard Dr.A.Raghu Kumar, learned counsel for the applicants.
MA.No.358/2026 filed for joining together is allowed.
Registry is directed to allot the number to the OA.
The OA has been filed by the applicants seeking the following relief:
"....to call for the records pertaining to the impugned orders in Lr.No.GPRA- Gachibowli/Type-I/2025/225 dated 09.07.2026 directing the applicants to vacate Type-1 Quarters within a period of 21 days from the receipt of the letter and issuing notification calling for applications for Type-II quarters without considering the requests of the applicants for allotment of the same in terms of Rule 36 of the CGGPRA Rules 2017 and declare the same as illegal, arbitrary and violative of Article 14, 16 & 21 of the Constitution of India and rules on the subject matter and consequently direct the respondents to consider the requests of the applicant for allotting Type-II quarters to them, and be pleased to pass such other order or orders as this Hon'ble Tribunal may deem fit and proper in the circumstances of the case."
They have also sought the following interim relief pending disposal of the OA:
"...to stay the further proceedings in terms of their on-line notification for filling up of the Type-II quarters pending finalization of the original application, and be pleased to pass such other order or orders as this Hon'ble Tribunal may deem fit and proper in the circumstances of the case."
As seen from the applicants' representations, dt.16.07.2026, and dt.22.09.2026, of all the three employees working as MTS in the Central Administrative Tribunal, Hyderabad Bench, they have claimed that they are eligible for Type-II quarters and their names have been waitlisted. It is found that employees are staying in GPRA Type-I quarters along with their families. Applicant No.1
has a child, aged 4 years. Wife of the 2nd applicant is pregnant and the 3rd applicant is a single working woman with two children.
Being evicted from the GPRA quarters will put them to considerable hardship unless they are provided with alternative accommodation within the same premises.
In this regard, attention has been drawn to Office Memorandum, dt.03.08.2026, in regard to the representations of the applicants, which reads as follows:
"In reference to the letters issued by the Additional Director General-Hyderabad and the Chief Engineer, Hyderabad regarding above cited subject, the undersigned upon examining representations received from the occupants of Type-I Quarters and considering the undue hardships faced by the allottees, the subject matter has been reviewed and it has been decided that eviction proceedings are kept in abeyance till further orders.
Matter pertaining to providing alternative accommodation to the Type-I allottees in GPRA Campus, Gachibowli Hyderabad by requesting the DoE to block fresh allotments to the vacant Type-II Quarters has already been submitted by this office and continuous correspondence shall be taken up on priority."
As per the said OM of the Estate Officer, request of Type-I
allottees to block fresh allotments to the vacant Type-II quarters, has already been submitted to the higher ups at Hyderabad as well as at New Delhi for consideration on priority.
The urgency in the matter for the applicants arises from the fact that applications have been sought for allotment of Type-II quarters for which bidding period has been fixed from 01.10.2026 to 09.10.2026. Consequent to that, allotments would also be made by 10.10.2026. Representations of the applicants against the notice, dt.09.07.2026, for immediate vacation, have been forwarded by the Registrar of the Central Administrative Tribunal on 29.09.2026 and 05.10.2026, which are under consideration on priority.
Learned counsel for the Respondents has stated that the number of vacant quarters in Type-II is not 94 but only 24. Even though the department is sympathetic towards the applicants herein, because of objection from the Delhi office, they could not consider the case of the applicants for allotment of Type-II quarters. As regards allocation of Type-II quarters to the applicants, who are, at present, in occupation of Type-I quarters, it is a matter of record that their cases have already been communicated by the local Estate Officer to the higher officials.
It is also brought to notice by the learned counsel for the applicants that, legally, there is no bar on allotment of one type higher quarters in this case. In this regard, Rule-36 of CGGPRA Rules, 2017, reads thus:
"36. Allotment of surplus accommodation
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(1) In case of availability of surplus accommodation in any Type, an applicant may be allotted any accommodation lower or one Type higher than the entitled Type on payment of normal licence fee of his allotted Type." When asked since when Type-II quarters have remained vacant, the Counsel for the Respondents seeks time to get instructions, especially regarding the quarters that have remained vacant and are now up for bidding. Having considered the entire set of circumstances and also noting that, even though, initially, the said Type-I Blocks/Quarters were declared unsafe on 28.08.2023, and the CPWD was requested to undertake maintainance of these "accommodations and submit (the same) for bidding", the applicants are still staying there. In fact, two of these applicants got fresh allotments as recently as 10.02.2024. As there is no bar on consideration for allotment of Type-II quarters, that is, one type higher than those occupied, at present, by the applicants, it is ordered that till a final decision is taken in the matter, three vacant Type-II quarters shall be set apart and not allotted through online bidding that is underway. Smt.M.Swarna, learned Sr.Panel Counsel, appears on behalf of the Respondents and takes notice on behalf of the Respondents. She seeks time to get instructions. Time is granted to the Respondents' counsel to get necessary instructions in the matter. She shall immediately convey the I.R. granted today to the concerned authorities, without waiting for a copy of the order. Post the matter on 13.10.2026. Varun Sindhu Kul Kaumudi Member (A) Sandhya Pandirlapalli ( ps )