Petitioner sought quashing of order directing her to vacate a private ward. Court found no illegality but directed respondent to allot official quarter per seniority within one month.
Directed respondent to decide on official quarter allotment within one month from receipt of certified copy.
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Court No. - 39
Case :- WRIT - C No. - 7614 of 2019
Petitioner :- Bindu Yadav Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Ashutosh Sharma,Satish Chaturvedi Counsel for Respondent :- C.S.C.
Hon'ble B. Amit Sthalekar,J. Hon'ble Piyush Agrawal,J.
Heard Shri Satish Chaturvedi, learned counsel for the petitioner and the learned standing counsel for the respondents no. 1 to 4.
The petitioner in the writ petition is seeking quashing of the order dated 28.1.2019 whereby she has been directed to vacate the private ward which she was occupying as a quarter. It is not disputed by the petitioner that she has been living in a private ward though her case is that she was permitted by the Principal, Ganesh Shankar Vidyarthi Memorial Medical College, Kanpur Nagar and HRA and electricity charges were also being deducted from her salary.
Be that as it may, it is the admitted case of the petitioner that she is living in a private ward on the permission of the respondent no. 2-Principal, Ganesh Shankar Vidyarthi Memorial Medical College, Kanpur Nagar and there is no allotment order in her favour.
In this view of the matter, we do not find any illegality or infirmity in the impugned order.
However, considering the fact that she was allowed to reside in the private ward she would be entitled for allotment of a staff quarter as per her seniority and as per availability in the residential accommodation pool.
We therefore dispose of this writ petition with a direction to the respondent no. 2-Principal, Ganesh Shankar Vidyarthi Memorial Medical College, Kanpur Nagar to take a decision with regard to the claim of the petitioner for allotment of official accommodation from the pool accommodation as per her seniority preferably within a period of one month from the date of receipt of the certified copy of this order.
Order Date :- 29.4.2019 o.k.
2 issues framed by the court
Whether the order directing the petitioner to vacate the private ward was illegal.
Whether the petitioner is entitled to official quarter allotment after residing in private ward.
Bindu Yadav
State Of U.P.
Principal, Ganesh Shankar Vidyarthi Memorial Medical College, Kanpur Nagar
B. Amit Sthalekar
Piyush Agrawal
As recorded by the court registry
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