Allotment of plots to employees
Excelsior Correspondent
Srinagar, July 1 : High Court has directed the Srinagar Development Authority (SDA) to accord fresh consideration to the claim of SDA employees for allotment of plots in Srinagar city and quashed the order of VC SDA whereby their claim was rejected.
The employees union has approached the court seeking a direction in the name of the SDA to allot the left-out plots in Bemina Housing Colony in favour of the employees of the Authority who had not been allotted such plots in tune with the policy framed by the Government on the subject and on the same analogy as has been adopted in the case of similarly situated employees of the working with the Respondents.
The Respondent-Authority issued an order bearing No. SDA/VC/80 dated July 5, 2017, whereby the claim of the Petitioner-Union stands rejected which came to be assailed by the Union in the instant petition.
Justice Ali Mohammad Magrey while disposing the petition quashed the impugned consideration order bearing No. SDA/VC/80 dated July 5, 2017 with the direction to the SDA to accord fresh consideration to the claim of the Petitioner-Union for allotment of plots in terms of the rules governing the field.
Court has already as an ad-interim measure, restrained the respondents from auctioning, allotting and using or utilizing the 159 plots of land at site earmarked for the employees of the Petitioner-Union.
Justice Magrey while setting aside the impugned order said SDA was under a legal obligation to consider the claim of the Petitioner-Union and decide it by passing a speaking order as directed by this court in the earlier round of litigation and not in the mode and manner which has been adopted in this case. “From a bare look of the impugned consideration order, what can be seen from a naked eye is that there has been absolutely no application of mind by the SDA, while passing the impugned order”, reads the judgment.
Court added that the respondents have subjected the members of the Petitioner-Union to hostile discrimination in the matter of allotment of plots as the plots have been allotted in the cases of some similarly situated employees working with the Respondents.
Court said the impugned order of SDA is unsustainable in the eyes of law as merely stating that the Board did not agree to the proposal of allotment of residential plots in favour of SDA employees as the proposal was found devoid of merit, however, no reason or ground to support this view by the SDA.
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