SUDHIR AGARWAL,J. - (1.) HEARD Sri Gulab Chandra, learned counsel for the petitioner and perused the record.
(2.) THE petitioner has challenged the order dated 29.09.2009 whereby he has been directed to vacate the official accommodation at Moradabad since he has been transferred at Trade Tax Department, Lucknow on deputation. The petitioner submits that since he has not been allotted any official accommodation at Lucknow, therefore, he should be allowed to continue to retain the official accommodation at Moradabad. However, I find no force in the submission. Learned counsel for the petitioner could not show any legal right whereby he is entitled to retain the official accommodation despite of his transfer.
(3.) WHETHER an official who has been transferred from one place to another has a right to retain the official accommodation at the transferred place or not has been considered by this Court time and again. In respect to the employees of the State Government rules have been framed namely, Fundamental Rule 45 read with subsidiary Rule 18 and 18-A to 18-C. Considering in the light of the above Rules, a Division Bench (of which I was also a Member) in Ram Paras Tripathi Vs. State of U.P. and another, 2008(3) ADJ 700=2008(2) ESC 1491 observed as under: "A judicial notice can be taken of the fact that available accommodations are not sufficient to meet the requirement of the serving Government servants, who are actually holding the post, and a large number of government servants in service are waiting in queue for their turn to get official accommodation after it is vacated by the Government servant, who has ceased to hold the post or is transferred under the Rules." ;