The High Court granted the petitioner one month to vacate official accommodation at Fatehgarh following a transfer, with a stipulation to pay normal rent and potential penal charges for default.
Petitioner allowed one month to vacate accommodation, subject to payment of rent.
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Court No. - 34
Case :- WRIT - A No. - 7685 of 2022
Petitioner :- Sanjeev Kumar Respondent :- State of U.P. and Another Counsel for Petitioner :- Lavkush Kumar Bhatt Counsel for Respondent :- C.S.C.
Hon'ble Rajeev Misra,J.
Heard Mr. Lavkush Kumar Bhatt, learned counsel for petitioner and learned Standing Counsel representing respondents-1 and 2.
Petitioner has approached this Court for a writ of mandamus commanding respondents not to compel the petitioner from vacating official accommodation allotted to him at Fatehgarh, District- Farrukhabad.
Learned counsel for petitioner contends that petitioner was transferred from District Farrukhabad to District- Lalitpur vide transfer order dated 12.05.2022. Pursuant to above order dated 12.05.2022, petitioner has joined his duty at his transferred place of posting on 14.05.2022. He submits that only a month's time be granted to vacate the official accommodation allotted to the petitioner.
Learned Standing Counsel has no objection to the equitable prayer made by learned counsel for petitioner.
In view of above, it is provided that petitioner shall be allowed to retain the official accommodation allotted to him at Fatehgarh, District- Farrukhabad for a period of one month from the date of passing of transfer order dated 12.05.2022 i.e. upto 11.06.2022.
It is further provided that petitioner shall pay the normal rent for the official accommodation allotted to him at Fatehgarh, District- Farrukhabad. In case of default, it shall be open for the respondents to charge penal rent from petitioner.
With the aforesaid direction, this writ petition stands finally disposed of.
Order Date :- 26.5.2022 Saif
Digitally signed by SHAIKH SAIF ABDIN Date: 2022.06.01 17:43:27 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether a government servant transferred to a new district be granted an additional month's time to vacate official accommodation?
Sanjeev Kumar
State of U.P.
Another
Rajeev Misra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
