- (1.) IF whatever has happened in the present petition is encouraged, then it shows the mal-administration in running the administration The Court is also surprised that a person, who is in the service of the State, can come to this Court to seek a prerogative writ to perpetuate an Irregularity.
(2.) THE petitioner was transferred from Etawah to Pilibhle and was stationed at the last place on 19 July, 1994 where he was looking for an accommodation. He walked into an accommodation which was not allotted to him He contends that he did so by permission of a subordinate official, but orally and is yet waiting for an allotment order Having occupied the accommodation, he claims preferential allotment on the basis of reservation by a State Government Order dated 5 January, 1994 (Annexure-2 to the writ petition. The Court has reservations that a person can take She law in his hands and irregularly grab an accommodation and then claim preferential allotment by claiming reservation. If this were to be encouraged, then house grabbing will be rampant notwithstanding that thousands of applications for allotment are still awaiting consideration before Estate Officers for government accommodation or under the Rent Control enactments. The law does not encourage illegalities for preferential treatment. This is against the principles of equity. The petitioner as an official off the Public Works Department feels encouraged that having occupied a Government accommodation, he must receive an allotment order and a preferential allotment under a reservation quota. But both these factors can be considered only when the official will stand in queue for an allotment and wait his turn to receive what the law will give him. What the petitioner has done is subversive to administrative discipline.
(3.) THE Secretary, Public Work Department will ensure that the accommodation is wrested out of the petitioner's occupation and the matter of his allotment considered only when the accommodation is free of occupation so that the administration considers the allotment without fear or favour. This was an ill-advised petition and is, accordingly, dismissed. Petition dismissed.;