S.N.Bhargava, J. - (1.) As per the facts stated in the memo of writ petition, father of the petitioner Shri Mukut Behari Sharma, was working as Supervisor in the State Insurance Department, Government of Rajasthan and had been allotted Government accommodation bearing House No. F-139 in Gandhi Nagar, Jaipur, for last nearly 14 years. He (petitioner's father) sought voluntary retirement in July, 1986. The petitioner was also employed as a Lower Division Clerk in Government Secretariat Jaipur. Government of Rajasthan has issued an order No. F. 1 (65) GA/11/84 dated 14th June, 1984 which provided that a son or unmarried daughter of a superannuating Government servant who himself/herself is in the regular service of the State Government, may be permitted to retain the Government residential accommodation allotted to, and in the possession of his/her father/mother at the time of retirement for a maximum period of six months and within this period, such son/unmarried daughter may be allotted a house of his/her entitlement out of turn. Since the petitioner's father was in possession and in occupation of the allotted accommodation bearing No. F. 139, Gandhi Nagar, Jaipur, an order was issued on 11.12.86 (Annexure-2) permitting the petitioner to stay in the same premises on payment of the house-rent which was being paid by the father of the petitioner. As per the entitlement in accordance with the policy of the govt., the petitioner is entitled to Type-G accommodation which is equivalent to Type-V accommodation whereas he is in occupation of Type-F accommodation. There are 8 members in the family of the petitioner, including his father, mother & other brothers who are staying in the said premises. However, Type-G accommodation fell vacant in Gandhi Nagar, Jaipur but were allotted to various other persons other than the petitioner. The petitioner received an order dated 27th August, 1991 (Annexure-3) cancelling the earlier order dated 11.12.1986 and directing him to vacate Quarter No. F-139, Gandhi Nagar. Jaipur and take possession of the allotted premises bearing No. F-5/95, Gandhi Nagar. The petitioner submitted a representation on 3.9.1991 (Annexure-4) pointing out his difficulties in shifting to the new accommodation which was one bed room accommodation in multistorey building, keeping in mind that the petitioner has eight members in his family. It has also been mentioned therein that as per the rules and the policy of the government, he is entitled to Type-G accommodation and therefore, he prayed that Type-G accommodation may be allotted to him. The petitioner submitted another representation dated 4.9.1991 (Annexure-5)further explaining his difficulties and requesting that as soon as he is allotted Type-G accommodation, he would vacate Type-F accommodation occupied by him. Orders were again passed on 10.9.91 (Anx. 6) by the Assistant Secretary, G.A.D. Gr. 2 directing the Collector, Jaipur to get the premises occupied by the petitioner vacated and to report compliance. Therefore, the petitioner has filed the present writ petition in this court on 13.9.91. The matter came up before the court on 18.9.1991 and the Government Advocate accepted notice on behalf of the non petitioners and undertook not to dispossess the petitioner till next date. Reply on behalf of the respondents was filed on 21.10.1991.
(2.) In the reply, it has been submitted that the son of a Government servant who is in regular service can be accommodated for a maximum period of six months only. The petitioner is entitled to Vth type of quarter. The respondents have relied on Rule 7 (h) of the Rajasthan Civil Services (Allotment of Residential Accommodation) Rules, 1958 (hereinafter referred to as the 'Rules of 1955') which runs as under : "Rule 7 (h) as amended by notification No. F. 1 (3) GA/II/90 dated 28.6.1991; The residences situated in Jaipur City are divided in 2 categories:- (i) Flats, and (ii) Independent Houses. Vacant flats of the type to which Government servants are entitled, subject to their eligibility for allotment of Government accommodation, shall be first offered to and allotted to them in accordance with their seniority ranking for purposes of house allotment. When an independent house falls vacant, it shall be offered and allotted first to those occupying flats in order of priority in the waiting list maintained category-wise. Every Government servant residing in a flat and delirious of having allotment of an independent house under these rules, shall submit an application to the Allotting Authority concerned." In reply it has further been submitted that the petitioner was firstly allotted Quarter No. 5/95 but on his request it was changed and another Flat No. 5/148 was allotted Co him on 19.9.1991. There is a list already pending for allotment of 'G' type quarters according to seniority of persons who are entitled for 'G' type quarters. Government accommodation can be allotted to Government servants oily according to their entitlement. The petitioner should first occupy the flat No. 5,148 for which he is entitled and has been allotted and then apply for 0G' type Quarter and the same will be allotted as per his seniority and availability of accommodation. There is no violation of Article 14 of the Constitution of India or the principles of natural justice. The orders are neither arbitrary nor unjust but in accordance with the Rules. The petitioner is not entitled to 'F' type quarter and therefore, he cannot be allowed to continue in the quarter and he is an unauthorised occupant of the same as envisaged by rule 12(a) of the Rules of 1958.
(3.) A rejoinder has also been filed by the petitioner wherein it has been mentioned that Smt. Neeta Chopra wife of Shri D.K. Chopra had been allotted house No. G-816 in place of F-408 in similar circumstances. The amendment in rule 7(h) has been made in 1991 whereas the rule applicable to the petitioner will be as it existed in 1986 i.e. prior to the amendment of 1991 which runs as under : "(h) (un-amended) The residences situated in Jaipur City as described in Schedule 'A' are divided in 2 categories - (i) residences in popular areas; (ii) residences in unpopular areas. Houses falling vacant in popular areas shall be offered to and allotted to the occupants of houses in unpopular areas first in accordance with their seniority ranking for purposes of house allotment. No house in popular area shall be allotted to an officer who is in occupation of private house or who has recently arrived. When a house in an unpopular area falls vacant, it shall be offered first to those occupying private houses and are in receipt of house rent allowances, in the order of priority in the Waiting List referred to above. (i) In case of allotments made by the Executive Engineer, PWD, B&R City Division, Jaipur and other allotting authorities at Divisional and District Headquarters other than Jaipur, an appeal, if any, will lie to the Chief Secretary to Govt. in General Administration Department.";