In this writ petition, the petitioner, transferred to Kaushambi, sought an extension of official accommodation till March 2020 citing family hardship. The Court dismissed the petition, holding that retaining the house would adversely affect the successor beneficiary and hindering administration.
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Court No. - 38
Case :- WRIT - A No. - 9607 of 2019
Petitioner :- Ram Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shiv Sagar Singh Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Petitioner has been transferred from Allahabad to Kaushambi in September, 2018. While posted at Allahabad, he was allotted an official accommodation. Petitioner made an application for allowing him to occupy the official accommodation for some more time considering the fact that his wife was not well and that his daughter is handicapped. Considering such plea, the petitioner was permitted to occupy official accommodation till 31st March, 2019. It is thereafter that petitioner has made an application for extending his stay in the official accommodation till March, 2020.
Petition is opposed by learned Standing Counsel.
It is not in issue that after petitioner has been transferred to Kaushambi, and some other person must have been transferred in his place at Allahabad. Official accommodation is to be granted for the convenience of the employee concerned, so that he can effectively perform his work.
Petitioner now is posted at Kaushambi. In such circumstances, his claim to detain the house for a further period of almost nine months is not liable to be entertained, inasmuch as, it would adversely affect the interest of other person who has been posted in his place. The authorities of the State have otherwise been generous with the petitioner in considering his claim. Any further extension of such stay would not be in the interest of administration. Even otherwise petitioner would be entitled to house rent allowances in case he has not been allotted any other accommodation.
The writ petition is dismissed.
Order Date :- 18.7.2019 Ranjeet Sahu
2 issues framed by the court
Whether the petitioner is entitled to an extension of the official accommodation stay beyond the date of transfer.
Whether the petitioner's humanitarian plea justifies detaining official accommodation affecting the interest of the person posted in his place.
Ram Singh
State Of U.P.
3 Others
Ashwani Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
