SURYA PRAKASH KESARWANI,J. - (1.) Heard Sri Indraraj Singh, learned counsel for the petitioners and Sri Shailendra Singh, learned standing counsel for the State respondents.
(2.) The petitioners are teachers in Government Inter College, Prayagraj. They have been allotted residential quarters in the campus of Government Inter College, Prayagraj meant for residences of teachers, but the quarters were illegally occupied by the private respondents. Despite representations made by the petitioners, the aforesaid residential quarters were not vacated. Therefore, the petitioners have filed the present two writ petitions. In the leading Writ-A No. 1439 of 2020, this Court passed the following order on 31.1.2020:- "Heard Sri Adarsh Singh, learned counsel for the petitioner, Sri Shailendra Singh, learned standing counsel for the respondent nos. 1 to 5 and Sri Vivek Yadav, learned counsel for the respondent no. 6. Briefly stated facts of the present case are that the petitioner is an Assistant Teacher in Government Inter College, Prayagraj. By order dated 16.5.2017, the government residential quarter for teacher being Quarter No. C-1 was allotted to him by competent Authority i.e. the respondent no. 4. The aforesaid quarter has been illegally occupied by the respondent no. 6 who was working as Sahitiyak Sahayak Madhyamik Shiksha Parishad, Prayagraj. Since, the respondent no. 6 was not vacating the aforesaid illegally occupied government residential quarter, therefore, the petitioner moved a representation dated 3.6.2017 before the Secretary (Secondary) Education, Government of U.P. who issued a direction dated 3.7.2017 to the respondent no. 1 directing that the possession of the allotted government residential quarter be given to the petitioner within one month and report be submitted within a week. Thereafter, Additional Director of Education (Madhyamik), Allahabad sent a letter dated 25.8.2017 to the District Magistrate, Allahabad and Nagar Ayukta, Nagar Nigam, Allahabad requesting for removal of encroachments from the government land by certain unsocial elements who have constructed shops in the campus of Government Inter College, Prayagraj and also requested to remove illegal occupants from government residential quarter Nos. C-1 and C-6. Similar request was made by the Director of Education (Madhyamik), U.P., Allahabad to the District Magistrate, Allahabad vide letter dated 25.10.2017. It appears that somehow the respondent no. 6 obtained some favourable letter from the Joint Director of Education, Prayagraj Region, Prayagraj, but it was also cancelled by the said Joint Director of Education vide his letter No. 3854-55 / 2019-20 dated 17.8.2019. It further appears that the respondent no. 6 has also removed some old trees from government residential quarter no. C-1, and therefore, the Principal of the Government Inter College, Prayagraj wrote a letter No. 803-05 dated 20.8.2019 to the respondent no. 6 to deposit the value of the trees and also vacate the government residential quarter. The Additional Director of Education (Madhyamik), U.P., Prayagraj has also apprised the Joint Director of Education, Prayagraj and the District Magistrate, Prayagraj vide letter No. 391-97 dated 22.8.2019 about an order of this Court and to get vacate the government residential quarter, illegally occupied by the respondent no. 6. The Director of Education (Madhyamik), U.P., Prayagraj also wrote a letter no. 509 dated 6.9.2019 to the Secretary Madhyamik Shiksha Parishad for stopping the salary of the respondent no. 6 and to initiate disciplinary proceedings against her for illegal occupation of the government residential quarter and for disobedience of the Government Orders. It appears that in the meantime, the respondent no. 6 filed a Writ-A No. 14176 of 2019 which was disposed of by order dated 24.9.2019 directing the Director of Education (Secondary) to pass an appropriate order in accordance with law within 15 days. It appears that pursuant to the aforesaid order of this Court, the Director of Education (Secondary) passed an order dated 12.12.2019 holding that the respondent no. 6 is in illegal occupation of the government residential quarter in the campus of Government Inter College, Prayagraj which is meant for teachers. Therefore, the Principal of the Government Inter College, Prayagraj again wrote a letter no. 1592-99 dated 17.12.2019 to the respondent no. 6 followed by letter dated 7.1.2020 directing the respondent no. 6 to vacate the government residential quarter in question and to hand over its vacant possession, but the respondent no. 6 did not obey it. The petitioner has also made representation before the District Magistrate, Prayagraj (respondent no. 5) and the Principal of the Government Inter College, Prayagraj, but nothing has been done and the respondent no. 6 is continuing in illegal occupation of the government residential quarter. In Writ-A No. 18253 of 2019 (Rakesh Kumar Vs. Principal, Government Inter College, Prayagraj and 4 others), this Court considered similar controversy with respect to a residential quarter situate in the same Government Inter College, Prayagraj and following the law laid down by Hon'ble Supreme Court in several judgments, issued the following directions:- "14. In the present case, since the accommodation has now been got vacated from the respondent No.5 and the allottee has been given possession of the allotted Government Accommodation, therefore, this writ petition is disposed of and the following directions are issued which shall be strictly complied with by the State Government:- (i) The State Government shall ensure compliance of the directions of Hon'ble Supreme Court in the case of S.D. Bandi (supra) and take immediate action against all such employees/ officers who are unauthorisedly over staying in a Government Accommodation after their retirement or transfer. (ii) Necessary action shall be taken by competent authorities in the State of Uttar Pradesh against such Employees/Officers who are unauthorisidely over staying in Government allotted accommodation after their retirement or transfer (as suggested by Hon'ble Supreme Court in the case of S.D. Bandi's case and directed to be implemented in Vimal Bhai case). (iii) The State Government shall frame and adopt a uniform policy within two months from today, if not framed so far, for granting extension to retain the Government accommodation beyond prescribed limit and shall strictly adhere to it. (iv) The State Government shall call for information from all the District Authorities in the State of Uttar Pradesh within two months from today about the Officers and Employees who are unauthorisedly over staying or retaining the Government accommodation beyond prescribed limit, after their retirement or transfer. Within next one month, the State Government shall ensure that all such Government accommodation being illegally or unauthorisedly occupied by retired/transferred Employees and Officers are vacated immediately. In the event, any inaction is shown by any authority, the State Government shall ensure that necessary action is also taken against such authorities. 15. With the aforesaid directions this writ petition is disposed of. 16. Let a copy of this judgment be sent by the Registrar General of this Court to the Chief Secretary, Government of Uttar Pradesh for necessary action and compliance." It appears that neither the District Magistrate, Allahabad, nor the departmental officers of U.P. Secondary Education Department, nor the Chief Secretary of the State of U.P. have made any effort to obey and implement the statutory provisions, the judgment of Hon'ble Supreme Court and a clear direction given by this Court by order dated 28.11.2019 in the case of Rakesh Kumar (supra). The matter is serious and requires action to be taken against the State Authorities who prima-facie failed to discharge their duties. Let a report be submitted by the Chief Secretary of State of U.P. before the next date fixed with respect to the compliance of the directions of this Court in the case of Rakesh Kumar (supra). The District Magistrate, Prayagraj and the Director of Education (Secondary), Prayagraj shall show cause for non compliance of the order of this Court in the case of Rakesh Kumar (supra). Put up in the additional cause list on 5.2.2020. If before the next date fixed, the residential quarter in question is not got vacated and steps for removal of encroachments in the campus of Government Inter College, Prayagraj are not taken by all the Authorities concerned, then the respondent nos. 1, 3 and 5 shall remain personally present before this Court. This order shall be communicated by the learned Chief Standing Counsel to the respondent nos. 1, 3 and 5 within 24 hours."
(3.) This Court also took note of the order passed in Writ-A No. 18253 of 2019 (Rakesh Kumar Vs. Principal Government Inter College, Prayagraj and 4 others) in which directions were issued to the State Government to frame a policy for occupation of government residential quarters.;