Ram Lakhan vs State Of U.P.Thru Prin.Secy. Home ...
2018 Latest Caselaw 3242 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 29
 
Case :- SERVICE SINGLE No. - 30104 of 2018
 
Petitioner :- Ram Lakhan
 
Respondent :- State Of U.P.Thru Prin.Secy. Home Civil Sectt. Lko. & Ors.
 
Counsel for Petitioner :- Hanumant Lal Yadav,Vidya Bhushan Pandey
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Rajesh Singh Chauhan,J.

Heard Sri Hanumant Lal Yadav, learned counsel for the petitioner.

Notices on behalf of opposite parties have been accepted by the office of learned Chief Standing Counsel.

The case of the petitioner is that he has been serving on the post of Sub-Inspector in Civil Police and has been transferred from Sultanpur to Hardoi on 26.07.2018. In compliance of the transfer order, the petitioner immediately joined at Hardoi.

However, two children of the petitioner are studying at Sultanpur, one in Class-IX and other in Class-XII, therefore, the family of the petitioner is residing at Sultanpur. Since the petitioner was allotted government accommodation at Sultanpur, the petitioner has not been allotted any official accommodation at Hardoi nor he is claiming any official accommodation at Hardoi. The grievance of the petitioner is that since the government accommodation at Sultanpur is being retained by the petitioner for the purposes of education of the children, therefore, till the academic session is over the permission to retain the government accommodation be accorded at Sultanpur.

Learned counsel for the petitioner has submitted a representation dated 24.09.2018 to the Inspector General of Police, Lucknow Range, Lucknow, Annexure no.3 to the writ petition, and the said representation is still pending disposal. The perusal of the aforesaid representation reveals that on account of non-vacating the premises at Sultanpur, the salary of the petitioner for three months have been withheld. In this representation the petitioner has requested that the official accommodation at Sultanpur be retained till the educational session of the children of the petitioner is over and he will not claim any official accommodation at Hardoi. The petitioner has also submitted that whatever rent is admissible for this period, the petitioner is ready to pay.

Learned Standing Counsel prays for and is granted a week's time to seek complete instructions in the matter, particularly on the point as to whether family of the petitioner may be permitted to retain the official accommodation at Sultanpur as per law and if it can be done, the authority concerned should pass appropriate orders to that effect.

List this petition on 29.10.2018 as fresh.

Order Date :- 12.10.2018

Suresh/

[Rajesh Singh Chauhan,J.]