Petitioners transferred from Bareilly to Meerut sought retention of official accommodation for their children's exams. Court dismissed petition stating the academic session was over and claim arose from an expired prayer.
Writ petition dismissed; petitioners not entitled to retain official accommodation.
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Court No. - 28
Case :- WRIT - A No. - 60945 of 2008
Petitioner :- Akbar Khan And Another Respondent :- State Of U.P. And Another Counsel for Petitioner :- K.P.Yadav Counsel for Respondent :- C.S.C.
Hon'ble Ajay Bhanot,J.
List has been revised.
None appears to press the writ petition on behalf of the petitioners. However, learned standing counsel for the respondent-State is present.
The petitioners were working on the post of Bandi Rakshak. They were transferred from the District Bareilly to DistrictMeerut. The petitioners made an application to the respondents authorities to permit them to retain their official accommodation for the academic session 2009-10 since they had school going children. The petitioners were directed to vacate the official residential accommodation at Bareilly on account of their transfer. The order was passed on 16.10.2008 directing the petitioners to vacate the official residential accommodation on the pain of forceful eviction with application of penal rent. The petitioners have prayed the following reliefs in the writ petition:
"(i) to issue a writ, order or direction in the nature of mandamus directing the respondents not to compel the petitioners to vacate their official accommodation provided by the department at Bareilly.
(ii) to direct the respondents to consider the claim of the petitioners for not vacating the official accommodation until the board examination of 2009 of their children is finalized."
The order of eviction has not been assailed in the instant writ petition. Moreover, the prayer of the petitioners was restricted for retention of official residential accommodation till the end of the academic session 2008-09. The academic session is over. The cause of action on which the aforesaid writ petition was founded no longer survives. In any case the petitioners cannot be entitled to retain their official residential accommodation at one place after they have been transferred from such place.
The writ petition is dismissed.
Order Date :- 4.9.2018 Ashish Tripathi
1 issue framed by the court
Whether the petitioners are entitled to retain official residential accommodation at their former place of posting after transfer when the academic session is over.
Akbar Khan And Another
State Of U.P. And Another
Ajay Bhanot
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
