KHUSHAL KAUR Vs. CHAIRMAN PUNJAB WATER SUPPLY & SEWERAGE BOARD AND ORS.
LAWS(P&H)-2014-8-230
HIGH COURT OF PUNJAB AND HARYANA
Decided on August 07,2014

Khushal Kaur Appellant
VERSUS
Chairman Punjab Water Supply And Sewerage Board And Ors. Respondents

JUDGEMENT

- (1.) Petitioner has filed this revision petition against respondents under Article 227 of the Constitution of India for setting aside the order dated 09.04.2014 passed by learned Civil Judge (Junior Division), Amritsar and judgment dated 30.05.2014 passed by learned Addl. District Judge, Amritsar dismissing the application of the petitioner filed under Order 39 Rule 1 & 2 CPC.
(2.) It is mainly stated in the petition that petitioner is working as Senior Assistant with the respondent Board. In the year 1983, quarter No.7B was allotted to the petitioner vide letter dated 14.07.1983 and petitioner resided there till March 2002. The petitioner constructed her own house after raising loan from LIC Housing Ltd. Thereafter, the petitioner moved application dated 18.03.2002 to respondent No.4 seeking permission to surrender possession of the allotted house and to shift in her own house. Petitioner was allowed to vacate quarter No.7B and possession was handed over to the respondent department on 14.04.2002.
(3.) Thereafter, the department allotted the said house to Sh.Ashok Kumar. After surrendering the government accommodation, the respondents continued to give house rent allowance to the petitioner. It is further stated in the petition that petitioner never applied for government accommodation as the petitioner had already shifted to house constructed by her. Respondent No.4 of its own issued allotment order dated 01.10.2009 allotting quarter to the petitioner and threatened that no house rent allowance would be given to the petitioner. The petitioner filed civil suit praying for decree of declaration to the effect that allotment letter dated 01.10.2009 allotting quarter to the petitioner was illegal, null and void and further for restraining defendants from deducting any house rent from the salary. Learned Civil Judge granted interim injunction to the petitioner vide order dated 01.12.2009. However, learned appellate Court reversed the order dated 01.12.2009 vide order dated 20.12.2011.;


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