Sanjeev Kumar And Nother vs State Of U.P. And 2 Others
2016 Latest Caselaw 2616 ALL

Citation : 2016 Latest Caselaw 2616 ALL
Judgement Date : 16 May, 2016

Allahabad High Court

Sanjeev Kumar And Nother vs State Of U.P. And 2 Others on 16 May, 2016

Bench: Pradeep Kumar Baghel




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 4
 

 
Case :- WRIT - A No. - 22402 of 2016
 

 
Petitioner :- Sanjeev Kumar And Nother
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Yogesh Kumar Saxena
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Pradeep Kumar Singh Baghel,J.

The petitioner no.1 is a constable in Civil Police. He has been transferred from G.R.P., Kanpur to Civil Police. Petitioner no. 2 is also posted as constable in Civil Police. He has also been transferred from G.R.P., Kanpur to Civil Police. It is stated that due to the transfer order, their Headquarter is not changed.

The petitioner no. 1 while posted in G.R.P., Kanpur, he was allotted quarter no. 329 (O), G.R.P. Kanpur Central Premises, Kanpur. and the petitioner no. 2 was allotted quarter no.329 (K), G.R.P. Kanpur Central Premises, Kanpur.

In paragraph no. 15 it is averred that the petitioners have vacated their premises. However, by the impugned order a sum of Rs.2,72,013/- has been imposed penal rent against both the petitioners.

It is contended on behalf of the petitioners that a Division Bench of this Court has held in the case of Udit Naryan Dwivedi v. State of U.P. and others, Special Appeal No.509 of 2013 that there is common pool of Government accommodation for the civil police and G.R.P. In case an employee is transferred from civil police to G.R.P. within the same Headquarter was not liable to vacate the Government accommodation merely on account of the transfer.

Matter needs consideration.

Learned Standing Counsel is granted four weeks time to file counter affidavit. Rejoinder affidavit, if any, may be filed within a week thereafter.

List this case on 30.08.2016.

In the meantime, in case petitioners deposit 25% of the penal rent at the market rate as demanded in the impugned order within six weeks, the effect and operation of the impugned orders dated 27.12.2015 and 07.09.2015 passed by the respondent no. 2 shall remain stayed till the next date of listing.

Order Date :- 16.5.2016