T.R. Damodaran, v. The Executive Officer,

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No. 16680 of 2008 O R D E R:

In this writ petition, petitioner challenges proceedings, dated 11.07.2008, issued by respondent No.1 - Executive Officer, Tirumala Tirupati Devasthanam, Tirupati, Chittoor District, cancelling the seniority accorded to him for allotment of house site on the ground that he made a false declaration with respect to his date of joining as 07.09.1979 instead of actual date of joining i.e., 04.01.1982.

Learned counsel for the petitioner submits that as per the Scheme, TTD employees who joined duty on or before 30.04.1999 are eligible for allotment of a house site/apartment; that the date of joining of the petitioner is 04.01.1982, as such, he is eligible to be considered and that the impugned proceedings were issued depriving the right of the petitioner for allotment of a house site, as such, they are illegal and unsustainable. It is not in dispute that the petitioner joined duty on 04.01.1982 and TTD invited applications from its employees for allotment of house sites as per the seniority. It is to be noted that for the purpose of availing such benefit, the petitioner wrongly mentioned his date of joining as 07.09.1979. By the impugned proceedings, allotment of house site to the petitioner as per seniority No.794 has been cancelled and the conclusive portion thereof reads as under:

"As per the information recorded in the remarks column (6), the seniority number in the house plots seniority list issued to them is hereby cancelled due to the false information submitted in their applications which were forwarded and confirmed by their HODs/Sections."

However, a close scrutiny of the impugned proceedings shows that it did not deprive the petitioner of his seniority along with the persons who had joined duty on or after 04.01.1982 i.e., his actual date of joining. In view of the same, the petitioner's entitlement to a house site is on par with the persons who joined duty on or after 04.01.1982 only. In the circumstances, there is no illegality in the impugned proceedings.

The writ petition is accordingly dismissed. However, this order does not preclude respondent No.1 from providing house site/apartment to the petitioner along with the employees who joined duty on or after 04.01.1982, by following seniority, subject to the petitioner satisfying other criteria.

Miscellaneous petitions, if any, pending in this writ petition shall stand dismissed. There shall be no order as to costs. _________________________ CHALLA KODANDA RAM, J Dt:05.07.2018 kdl