Nisha Singh vs State Of U.P. And 3 Others
2023 Latest Caselaw 16124 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Neutral Citation No. - 2023:AHC:111797-DB
 
Court No. - 29
 

 
Case :- SPECIAL APPEAL DEFECTIVE No. - 350 of 2023
 

 
Appellant :- Nisha Singh
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Appellant :- Preet Pal Singh Rathore,Afzal Ali
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Mrs. Sunita Agarwal,J.

Hon'ble Vikas Budhwar,J.

In re: Civil Misc. Delay Condonation Application no.02 of 2023

Sri V.K Singh learned senior Advocate assisted by Sri Samar Singh learned Advocate appears for the respondent.

The delay in filing the instant appeal has been explained to the satisfaction of the Court.

The delay condonation application is allowed. Delay condoned.

Office shall allot regular number to the appeal.

Order on appeal

The writ petition has been dismissed vide judgment and order dated 21.01.2021 noticing that the respondents have taken position therein that since the petitioner was allotted government accommodation which was duly occupied and used, the house rent allowance was not payable to her.

We may note that the writ petition was directed against the order dated 03.11.2020 passed by the Chief Medical Officer, Meerut wherein it is noted that the writ petitioner was posted as 'Pharmacist', Community Health Centre Bhavanpur Meerut which was the place of her original posting.

On a request made by the petitioner, she has been attached to the Police hospital, Meerut on 19.09.2019, on the premise that she was facing some family difficulties.

It is noted that the services of the writ petitioners fall in the category of emergency service and at her original place of posting there is a facility of free house. A type-2 house has already been allotted to the petitioner by the Incharge, Medical Officer, Community Health Centre, Bhavanpur on 30.04.2019 in accordance with her entitlement for the said house. The petitioner deliberately refused to occupy the house in order to pursue demand of house rent allowance.

From the facts noted in the order impugned, the averments made in the writ petition that the petitioner had never applied for allotment of the government accommodation or no such allotment has been made, in as much as, the possession of the allotment has not been given to the petitioner are found to be misguided.

No interference is required in the impugned judgment and order dated 21.01.2021 passed by the learned Single Judge.

The appeal is dismissed, accordingly.

Order Date :- 22.5.2023

Harshita