SANJAY KUMAR vs DEFENCE on 25 September 2026

1. The Union of India, Through the Secretary, Ministry of Defence, Govt. of India, South Block, New Delhi — 110001.

2. The Engineer-in-Chief's Branch, Military Engineer Service, Directorate General (Personnel) Kashmir House, Rajaji Marg, New Delhi — 110011.

3. The Garrison Engineer, Narangi,

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Military Engineering Services, Post — Satgaon, Dist. - Kamrup, Assam — 900328, C/o 99 APO.

4. The Station Commander, Station Cell, HQ 51 sub area, Narangi, Military Station, Pin — 781026. ---Respondents

Present: For applicant(s): Sri M. Chanda

Mr. K. Dutta, Ms. B. Borgohain,

Mr. A. Chanda

For respondents: Sri V. K. Bhatra, Sr. CGSC

ORDER (ORAL)

PER: RAJINDER SINGH DOGRA, JUDICIAL MEMBER: This application has been preferred to seek the following relief: “8.1.The Hon'ble Tribunal be pleased to set-aside and quash ihe impugned Letter bearing No. 1009/2 1/O3/ELE dated 10.08.2026 and impugned Letter bearing No,.3209/A/296/BS dated 31.08.2026 with a further declaration/direction upon the respondents more particularly upon the Respondent No. 3, namely, Garrison Engineer Narangi Guwahati to allow the applicant to retain the existing Government Quarter No. P- 71, Phase-ll, Narangi Military Cantonment, Guwahati till completion of the academic session of the Applicant's daughter t.c, ti she completes her Class XH Board

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Examination in the year 2027 i.e in the month of March/ April, 2027. 8.2 pass any such other further order as this Hon'ble Court may deem fit and proper in the above facts and circumstances of the case.”

2. Applicant while serving under the Office of the Garrison Engineer, Narangi, Guwahati, was transferred to the Office of GE (AF), Jorhat vide Transfer Order dated 29.06.2026 and, in compliance thereof, he joined his transferred place of posting on 13.08.2026 as Assistant Garrison Engineer (Contract). Now, the only issue is regarding retention of the existing Government accommodation at Narangi, Guwahati on educational grounds as his daughter is studying in Class XII at Don Bosco School, Guwahati and also undergoing coaching at Aakash Institute, Panbazaar, Guwahati in preparation for her Class XII Board Examination and other competitive examinations. As such, considering the crucial stage of her education and the serious prejudice likely to be caused by disruption of her studies, Applicant submitted a representation dated 03.08.2026 seeking

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retention of Government Quarter No. P-71, Phase-Il, Narangi Military Station till completion of the academic session. Applicant had also clarified that his daughter would not be residing alone but would remain under the care and supervision of her grandmother and other family members. However, the respondents have permitted the retention of quarter only upto 03.10.2026. Hence, this O.A.

3. Sri M. Chanda, learned counsel for the applicant submits that, allotment and retention of Defence Pool Accommodation by civilian personnel in Defence Services are governed by the Allotment of Residences (Defence Pool Accommodation for Civilians in Defence Services) Rules, 1978 (S.R.O, 308). Table-8, Serial No. (xiv) thereof specifically provides that where an employee is transferred during the middle of the academic session of his children, retention of the allotted accommodation may be permitted upto six months beyond the permissible retention period or till the end of the academic year, whichever is earlier.

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However, Respondent No, 3 issued the impugned letter dated 31.08.2026, restricting retention of the accommodation only upto 03.10.2026 on the ground of alleged paucity of accommodation and the requirements of other officers, in a most arbitrary and ex-facie illegal manner and in violation of the Table entry Serial No. (xiv) of Rule Rule S.R.O, 308, read with Footnote No. 10 containing amendment to the said Rules, i.e. Government of India, Ministry of Defence (Fin/Works-Ill) letter No 332/F/W-I1/03 dated 17 June 2003, as well as without dealing with the Applicant's detailed explanation as well as despite the fact that the daughter is presently studying in Class XII under the CBSE Board and is scheduled to appear in the Board Examination during the academic session 2026-2027 i.e March- April, 2027.

4. Learned counsel for the applicant further submits that the Hon'ble Supreme Court in the case of Director of School Education, Madras & Others vs. O. Karuppa Thevan & Others, reported in 1994 Supp (2) SCC 666, held that due weight ought to be given to the educational interests of the

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children of an employee while taking decisions affecting their studies. Further this Tribunal vide order dated 09.09.2026 in O.A. No. 199/2025, in the case of Ranjit Basumatary & Another vs, Central Water Commission & Another, while considering an almost identical situation involving transfer of employees whose son was studying in Class XII and due to appear in the Board Examination, directed the respondents not to disturb the applicants till completion of the academic session and Board Examination, while granting liberty to implement the transfer thereafter.

5. Learned counsel for the applicant submits that at this stage a direction may be issued upon the respondents more particularly upon the Respondent No. 3, namely, Garrison Engineer Narangi Guwahati, to allow the applicant to retain the existing Government Quarter No. P-71, Phase-II, Narangi Military Cantonment, Guwahati till completion of the academic session of the Applicant's daughter i.e. till she completes her Class XII Board Examination in the year 2027, in accordance with the provisions of Rule S.R.O. 308 read

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with Footnote No. 10 containing amendment to the said Rules, i.e. Government of India, Ministry of Defence (Fin/Works-III) letter No 332/F/W- III/03 dated 17 June 2003, as well as in light of O. Karuppa Thevan & Others, (supra) as well as in the light of O.A 199/2025 Ranjit Basumatary & Anr. (supra).

6. Sri V. K. Bhatra, learned Sr. CGSC for the respondents submits that Table No. 8 (Row iv) of SRO 308 permits retention of the allotted Government accommodation upto two months in the event of transfer to another military station and in terms of that it has been extended upto 03.10.2026. He, however, has no objection if direction is issued to consider the prayer as per rules. He also submits that in the event, the prayer for retention is allowed, applicant has to pay double rent as per rules.

7. In view of the above, without entering into the merit of the matter, we dispose of this O.A with a direction upon the Respondents No. 3 or any other competent authority to allow the applicant to retain the existing Government Quarter No. P-71, Phase-II, Narangi Military Cantonment,

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Guwahati until the end of the academic session of his daughter, who is now studying in class XII and is going to appear Board Examination in April 2027, in terms of the Rules as quoted above and in the light of the judgements (supra). Once the academic session of his daughter is over i.e after April, 2027, respondents are at liberty to pass appropriate order.

8. Applicant is directed to serve copy of the O.A along with copy of this order to the Respondents within a week.

9. Accordingly, the O.A. stands disposed of at the admission stage itself with no order as to costs.

(MALLIKA ARYA) (RAJINDER SINGH DOGRA)

MEMBER (A)

MEMBER (J)

SS

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