NAUBAR CHAND Vs. THE UNION TERRITORY, CHANDIGARH AND OTHERS
LAWS(P&H)-2011-5-115
HIGH COURT OF PUNJAB AND HARYANA
Decided on May 14,2011

Naubar Chand Appellant
VERSUS
The Union Territory, Chandigarh and Others Respondents

JUDGEMENT

- (1.) The petitioner has filed the instant petition praying for issuance of a writ in the nature of Certiorari quashing order dated 18.6.2010 in particular clause (ii), (iii) and (iv) is sought, as penal rent has been levied upon him and is sought to be recovered from him on account of retaining a Government accommodation beyond his term of allotment. For the purposes of reference, relevant clauses of the impugned order are extracted herebelow:- (ii) From 1.2.2007 to 30.4.2007 twenty times the normal licence fee (3 months) (iii) From 1.5.2007 to 31.5.2007 thirty times the normal licence fee (1 month) (iv) From 1.6.2007 to 31.71.2009 penal rent. Petitioner who is employee of the respondents was granted a Government accommodation as per his entitlement. The petitioner was posted at the Central Works; Sub Division No. 2 Mohali where he still continues to function. In the year 2007 the petitioner was designated as Sub Divisional Clerk on the basis of seniority and was posted in Central Sub Division No. 2, PWD (B&R), Mohali. Thereafter, he received a communication that he has been transferred from Chandigarh to Patiala on 1.8.2006. His allotment of residential house was cancelled and he was directed to vacate the premises within one week. The petitioner filed a CWP No. 10194 of 2010 challenging the cancellation of his house allotment which was subsequently withdrawn by the petitioner to enable him to file a detailed and comprehensive representation to the respondents for consideration of his claim.
(2.) The representation of the petitioner has now been decided by virtue of the impugned order and penal rent has been imposed upon him as indicated in the foregoing paragraphs.
(3.) The grievance of the petitioner is limited as according to him his services were never transferred from Mohali to Patiala as has been sought to be projected by the respondents and rather it was only the Sub Division No. 2 where he is employed and working which is attached to District Mohali and merely because an administrative arrangement has been made it would not disentitle the petitioner from the benefit of occupying a Government accommodation validly granted to him on the basis of his eligibility.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.