Dismissed

Pramod Kumar Saroj and Others v. State of U.P. Thru. Prin. Secy. Home Deptt. Govt. of U.P. , Civil Secrt. Lko. and Others

Allahabad HC19 Sept 2022/181/2022

Case brief

AI extract

What is this about?

This judgment condones delay in filing the special appeal. The court rejected the appeal seeking to retain government accommodation at Ayodhya after transfer to Ambedkar Nagar. It held that employees cannot retain accommodation beyond their posting term absent specific rules.

What did the court decide?

Application for condonation of delay allowed; Special appeal dismissed.

Pramod Kumar Saroj and Others Vs State of U.P. Thru… — Property and Title | Allahabad HC (2022)

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Court No. - 2

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Case :- SPECIAL APPEAL DEFECTIVE No. - 181 of 2022

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Appellant :- Pramod Kumar Saroj And Others Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Govt. Of U.P. , Civil Secrt. Lko. And Others Counsel for Appellant :- Ashok Kumar Shukla,Virendra Singh Counsel for Respondent :- C.S.C.

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Hon'ble Devendra Kumar Upadhyaya,J. Hon'ble Saurabh Srivastava,J.

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(Order on application for Condonation of Delay)

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Having heard learned counsel for respective parties and gone through the averments made in the affidavit filed in support of the application seeking condonation of delay, we are satisfied that delay has sufficiently been explained.

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Accordingly, application is allowed and the delay in preferring the special appeal is hereby condoned.

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(Order on memo of appeal)

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Heard learned counsel for appellants and learned Standing counsel representing the State-respondents.

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We have also perused the record available before us on this special appeal.

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This special appeal seeks to challenge the judgment and order dated 19.07.2022 whereby Writ-A No.4422 of 2022 filed by the appellants-petitioners has been dismissed.

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Claim laid by the appellants-petitioners in the writ petition was that an appropriate direction may be issued to the competent authority to permit them to retain government accommodation allotted to them at Reserve Police Line, Ayodhya till government accommodations are made available to them at district Ambedkar Nagar.

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The appellants-petitioners are working on the post of Head Constables. Prior to their transfers which have been made on different dates from January to April, 2022 the appellantspetitioners were working at Ayodhya and in their official capacity they were allotted official accommodations. However, on being transferred to Ambedkar Nagar, they now need to

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vacate government accommodations being retained by them.

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Learned counsel for appellants-petitioners has submitted that till the applications for allotment of government accommodations said to have been made by the appellantspetitioners are considered in accordance with the extant circular dated 21.11.2016, issued from the office of the Director General of Police, U.P., appropriate direction needs to be issued to the competent authority permitting their family to retain government accommodations at Ayodhya.

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We fail to understand as to how such a prayer can be made by the appellants-petitioners. Admittedly, they have been transferred from Ayodhya to Ambedkar Nagar and ordinarily any government employee is entitled to retain government accommodation till the term of his posting at a place and in fact allotment of government accommodation is co-terminus with his term of posting unless any specific provision in rules or circulars appear otherwise.

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In the circular dated 21.11.2016, we do not find any such provision which permits non gazetted police personnel to retain official accommodation at a place where he has completed his term of posting.

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In view of aforesaid, we find ourselves in complete agreement with the judgement and order rendered by learned Single Judge, which is under appeal before us.

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The special appeal is, thus, dismissed.

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Order Date :- 19.9.2022 Renu/-

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Digitally signed by RENU AGARWAL Date: 2022.09.20 10:56:13 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench

Pramod Kumar Saroj and Others v. State of U.P. Thru. Prin. Secy. Home Deptt. Govt. of U.P. , Civil Secrt. Lko. and Others

Case brief

What is this about?

What did the court decide?

Pramod Kumar Saroj and Others v. State of U.P. Thru. Prin. Secy. Home Deptt. Govt. of U.P. , Civil Secrt. Lko. and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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