Disposed

Jai Pal v. the State of Hp and Others

Himachal Pradesh HC18 Sept 2023CWP/4438/2023

Case brief

AI extract

What is this about?

Petitioner challenged arbitrary cancellation of government accommodation allotted under 1994 Allotment Rules. Court noted interim stay granted earlier and reported that respondents issued an office communication permitting petitioner to retain the accommodation. Writ petition was disposed of as the relief was effectively granted by the respondents.

What did the court decide?

Writ petition disposed of as the respondents had already permitted the petitioner to retain the government accommodation via an office communication.

Jai Pal Vs the State of Hp and Others — Pension and Retirement Benefits | Himachal Pradesh HC (2023)

¶1

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

¶2

CWP No.4438 of 2023

¶3

Decided on: 18^th September, 2023

¶4

Jai Pal …..Petitioner

¶5

Versus

¶6

State of H.P. and others .....Respondents

¶7

-------------------------------------------------------------------------------------

¶8

Coram

¶9

Ms. Justice Jyotsna Rewal Dua

¶10

Whether approved for reporting?¹

¶11

For the Petitioner: Mr. Kul Bhushan Khajuria, Advocate. For the Respondents: Mr. Anup Rattan, Advocate General with Mr. Sumit Sharma, Deputy Advocate General.

¶12

-----------------------------------------------------------------------------------Jyotsna Rewal Dua, Judge

¶13

Following order was passed in this matter on

¶14

12.07.2023:-

¶15

“CWP No.4438 of 2023 & CMP No.8468 of 2023 Notice be issued to the respondents.

¶16

Mr. Sidharth Jalta, learned Deputy Advocate General accepts notice on behalf of the respondents. Reply be filed within four weeks.

¶17

Prima facie the cancellation of the accommodation allotted to the petitioner at Nalagarh vide impugned order dt. 26.04.2023 appears to be patently arbitrary and contrary to the Himachal Pradesh Allotment of Government Residences (General Pool) Rules, 1994, because clause 16 thereof enables the State to allot to a transferred official at original place of posting even on his transfer to a scheduled

¶18

1 Whether reporters of print and electronic media may be allowed to see the order? Yes.

¶19

¶20

area like Reckong Peo for family bonafide use; and having allotted the petitioner to occupy the said accommodation on 05.10.2018, it cannot be cancelled almost five years later on the pretext that prior intimation was not given to the Estate Officer/SDM Nalagarh. This is because the said Officer i.e. SDM Nalagarh is part of the State Government and it cannot be said that one department of the State Government is not aware of the transfer of the petitioner to another place when the petitioner is an employee of the State Government.

¶21

Therefore there shall be interim stay of Annexure P-6 orders dt. 26.04.2023 and Annexure P-10 dt.16.06.2022, until further orders. List on 18.09.2023.”

¶22

2. During the course of hearing today, learned

¶23

counsel for the parties placed on record copy of office communication dated 07.07.2023, which indicates that the petitioner has been permitted to retain the government accommodation. The office communication reads as under:-

¶24

“With reference to the subject cited above it is intimated that Sh. Jai Pal, Clerk is serving at District Treasury Kinnaur at Reckong Peo since 15.09.2021. As per Himachal Pradesh Allotment of Government Residences (General Pool) Rules 1994, Rule No.16, the employee posted at a Tribal area, can retain his accommodation. Hence, you are requested to allow him to retain the said Govt. accommodation.”

¶25

3. Learned counsel for the petitioner submits that

¶26

the relief prayed for by the petitioner now stands granted to him by the respondents.

¶27

¶28

In view of the above, this writ petition to stand

¶29

disposed of alongwith pending miscellaneous application(s),

¶30

if any.

¶31

September 18, 2023 Mukesh

¶32

Jyotsna Rewal Dua Judge

Jai Pal v. the State of Hp and Others

Case brief

What is this about?

What did the court decide?

Jai Pal v. the State of Hp and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Virender Singh Vs State of Hp and Others

Jagdish Chand Vs Hpseb

Mangal Singh Bagga Vs Hpseb

Ram Singh Vs State of Hp and Others

Gian Chand Vs State of Hp and Others

Kedar Nath Vs State of H P and Another