Directorate of Estates Orders: Review of Guidelines
on regularization, allotment of alternate accommodation in the name of
eligible spouse, ward of the allottee in the event of death,
retirement,transfer of the allottee
No. 12031/1/2013-Pol.II
Government of India
Ministry of Urban Development
Directorate of Estates
Nirman Bhavan,
New Delhi -110 108
Dated the 18th February, 2014
OFFICE MEMORANDUM
Subject:
Review
of guidelines on regularization / allotment of alternate accommodation
in the name of the eligible spouse / ward of the allottee in the event
of death /retirement / transfer of the allottee.Several
instructions have been issued from time to time by this Directorate
regarding regularization / allotment of alternate accommodation in the
name of eligible spouse / ward of an allottee in the event of death /
retirement / transfer of the allottee. It has been observed that some of
the provisions contained in these instructions are inconsistent.
Further, the rationale behind providing the facility of regularization /
allotment of alternate accommodation in the name of the spouse/ward of
the deceased/retired/transferred allottee is to avoid dislocation and
hardships to the family of the alottee due to such an event. It is,
however, felt that imposition of conditions like date of priority should
be covered for providing such a facility undermines the very motive
behind such a provision and causes undue hardships to the family of the
allottee.
2 In view of above, the matter has been reviewed and,
in supersession of all previous Orders/OMs issued by this Directorate in
the subject. it has now been decided with the approval of the competent
authority to consolidate the several instructions issued from time to
time in this regard by harmonizing and modifying them as under
(I)
In the event of death of the allottee, the same accommodation may be
regularized in the name of the eligible spouse/ward of the deceased
allottee if he/She is entitled for it and, if not, an alternate
accommodation of entitled lower type may be allotted to him/her on
payment of normal licence fee irrespective of the fact whether the
eligible spouse/ward had been residing with the allotte prior to the
death of the allottee, subject to fulfillment of the following
conditions :-
a) In case the spouse/ward had been residing with
the deceased allottee prior to the death of the allottee, he/she has not
drawn house rent allowance for this period:
b) Request for
regularization/allotment of alternate accommodation may be considered in
case the spouse/ward gets employment in an eligible office even after
the death of the allottee, provided the appointment is secured within a
period of two years after the death of the an allottee and the
accommodation in occupation has not been vacated;
c) In case of
compassionate appointment, were appointment has been approved by the
concerned Department and the name of spouse/ward has been under
consideration for three years for offering appointment due to
non-availability of a clear vacancy and the prescribed Committee has
reviewed and certified his/her penurious condition at the end of the
first and the second year, the accommodation may be
regularized/allotted
in the name of such a spouse/ward provided the appointment is secured
within a period of three years after the death of the allottee and the
accommodation in occupation has not been vacated, and
d) A
daughter-in-law, working in an eligible office, will also be eligible
for regularization/allotment of alternate accommodation.
(ii) In
the event of retirement of the allottee, the same accommodation may be
regularized in the name of the eligible spouse/ward of the retiring
allottee if he/she is entitled for it and, if not, an alternate
accommodation of entitled lower type may be allotted to him/her on
payment of normal licence fee irrespective of the fact whether the
eligible spouse/ward had been residing with the allottee prior to the
retirement of the allottee, subject to fulfillment of the following
conditions:
a) In case the spouse/ward has been residing
continuously with the retiring allottee, he/she has not drawn house rent
allowance for this period,
b) Request for
regularizatio/allotment of alternate accommodation may be considered in
case the spouse/ward of the retiring alottee joins the Government
service an an eligible office even after the date of retirement of the
allotee, provided he/she joins the Government service within the
permissible period of retention and the accommodation in occupation has
not been vacated.
c) A married daughter, working in an eligible
office, will be eligible for regularization/allotment of alternate
accommodation irrespective of the fact that the retiring official is
having a son and he is in a position to maintain the parents,
d) A
daughter-in-law, working in an eligible office, will also be eligible,
for regularization/allotment of alternate accommodation: and
e)
In case of more than one eligible ward, the retiring official will have
option to exercise his/her choice an favour of his/her wards.
(iii)
In the event of transfer of the allottee to another station, the same
accommodation may be regularized in the name of the eligible spouse, of
the transferred allottee if he/she is entitled for it and. if not, an
alternate accommodation of entitled tower type may be allotted to
him/her on payment of normal licence fee,
(iv)
Regularization/allotment of alternate accommodation in the event of
death/retirement/transfer of the allottee shall also be subject to the
following conditions
a) The facility of regularization/allotment
of alternate accommodation shall be admissible in all the aforesaid
cases irrespective of the facts whether the date of priority of the
spouse/ward is covered on the date of death/retirement/transfer of the
allottee.
b) The application for regularization/allotment should
be submitted within the permissible period of retention after the date
of death retirement/transfer of the allottee or, in case of death /
retirement of the allottee, from the date of appointment of the
spouse/ward in Government service, whichever is later:
c) All the
dues outstanding in respect of the accommodation occupied by the
deceased/retired/transferred allottee must be cleared before submission
of the application for regularization / alternate allotment.
d)
The grade pay drawn by the spouse/ward on the date of
death/retirement/transfer of the allottee will be taken into account for
determining the entitled type of accommodation
e) In all the
aforesaid cases, the regularization/alternate allotment In the name of
the spouse/ward will be made, to the extent possible, in the same area,
failing which in a nearby area: and
f) The facility of regularization/allotment of alternate accommodation will not be admissible in following cases
(i)
where the allottee or any member of his/her family owns a house at the
place of posting where regularization is being sought: and
(ii)
where the allottee has become ineligible for allotment of General Pool
residential accommodation, due to any reason, on or before the date of
his/her death / retirement / transfer.
3. This OM is applicable
from the date of issue. The cases which have already been decided will
not be reopened under any circumstances.
sd/-
(S. K. Jain)
Deputy Director of Estates (Policy)
Source: www.estates.nic.in
[http://estates.nic.in/WriteReadData/dlcirculars/Circulars20315.pdf]
