K M RAIZADA Vs. NAGAR AYUKT NAGAR NIGAM ALIGARH
LAWS(ALL)-2003-9-176
HIGH COURT OF ALLAHABAD
Decided on September 30,2003

K. M. RAIZADA Appellant
VERSUS
NAGAR AYUKT, NAGAR NIGAM, ALIGARH Respondents

JUDGEMENT

M. Katju and Umeshwar Pandey, JJ. - (1.) -Heard Shri Shiv Nath Singh for the appellant and Sri Manish Goel for the respondents.
(2.) THIS special appeal has been filed against the judgment of the learned single Judge dated 28.8.2003. The appellant was in the employment of Nagar Nigam, Aligarh and in that capacity, he was allotted an official accommodation at Ghanta Ghar, Civil Lines, Aligarh in 1989. He retired in February, 2003, but he has not yet vacated the official accommodation in his possession. Learned counsel for the appellant has relied on a scheme of the State Government inviting application for conversion of nazul land into free hold. In our opinion, this is wholly irrelevant to the present case. When an employee in possession of an official accommodation retires or is transferred, he should within a reasonable time vacate the accommodation in his possession, otherwise his successor will have no place to live in. Decent people vacate the accommodation soon after retirement or transfer, but in this country, decency is evidently at a discount. Case after case is coming before us in which an official, who has retired or was transferred, continues to hold on to the official accommodation, often even several years after the retirement or transfer. This disgraceful practice has become rampant and now it must be put at an end.
(3.) WE, therefore, dismiss this appeal, but we also direct that the appellant will be evicted from the official accommodation in his possession by police force within one month from today unless he vacates it earlier. We further direct that throughout U. P. all official accommodations must similarly be got vacated within one month of the retirement/transfer of the employee of the Government, Local Bodies, Public Sector undertakings, statutory bodies, etc. by police force unless the employee voluntarily vacates it earlier. The employees who have already retired or have been transferred more than one month before this judgment, will be evicted from the official accommodation in their possession within a week.;


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