Allahabad High Court
Sangeeta Chaurasiya Constable vs State Of U.P. And 2 Others on 9 January, 2025
Author: Prakash Padia
Bench: Prakash Padia
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2025:AHC:5424
Court No. - 7
Case :- WRIT - A No. - 169 of 2025
Petitioner :- Sangeeta Chaurasiya Constable
Respondent :- State Of U.P. And 2 Others
Counsel for Petitioner :- Kailash Prakash Pandey
Counsel for Respondent :- C.S.C.
Hon'ble Prakash Padia,J.
1. Heard Sri Kailash Prakash Pandey, learned counsel for the petitioner and learned Standing Counsel for the State respondents.
2. The petitioner has preferred the present petition inter alia with the following prayer:-
"a) Issue a writ, order or direction in the nature of Certiorari, quashing the impugned Notice dated 1/12/2024, issued by Respondent No. 3, the Inspector In-charge Police Station Atarsuiya District Prayagraj enclosed as Annxure-1 to the Writ Petition.
b) Issue, a writ, order or direction, in the nature of mandamus directing the Respondent No. 2 the DCP Headquarter Commissionerate Prayagraj, not to evict and dispossess the petitioner from Quarter No. 2 Block-C Type-1st Police Station Atarsuiya District Prayagraj."
3. It is argued that by the aforesaid notice the petitioner was directed to vacate his official accommodation in question. It is argued that as per the office circular issued by the police department dated 21st November, 2016 vide its clause 4(1) if a transfer takes place in the mid of the academic session then the official accommodation shall be permitted to be retained at the end of the academic session.
4. It is stated in paragraph 16 of the petition that the daughter of the petitioner is studying in class 1st from Taigore Public School, Atarsuiya, Prayagraj and petitioner's family is residing at Government Accommodation, for which permission was granted to the petitioner. It is further argued that the petitioner will vacate the official accommodation till at least 30th April, 2025. He also placed reliance upon the judgment and order dated 28.11.2024 passed by this Court in Writ A No. 18284 of 2024 (Head Constable Uma Singh And Another Vs. State of U.P. and 2 others).
"Heard Sri Mohd. Umar Khan, learned counsel for the petitioners and learned Standing Counsel for the State respondents.
By means of this petition filed under Article 226 of the Constitution, petitioner has prayed for a direction to the respondent not to dispossess from the official accommodation in which petitioner has continued to stay with his family ever since he was posted at the place of Kanpur Nagar.
It is submitted by learned counsel for the petitioners that he has been transferred from the Kanpur Nagar to Lucknow Commissionerate under the order dated 28th July, 2024 and so now his family that stays in the accommodation is being harassed only for the reason that he has not vacated the official accommodation in question till date. Learned counsel for the petitioner submits that as per the office circular issued by the police department dated 21st November, 2016 vide its clause 4(1) if a transfer takes place in the mid of the academic session then the official accommodation shall be permitted to be retained at the end of the academic session.
Learned Standing Counsel has sought to dispute the same on the ground that this relaxation is only granted in favour of those transferred employees whose wards are studying in class 9 or 11 and class 10 or 12. He submits that upon reading of both the provisions of sub-clause 1 and 2 together, the only intention seem to be to give benefit to only those police personnel whose wards are studying in classes 9 to 12.
Having heard learned counsel for the respective parties and having perused the records, the interpretation as sought to be urged by the learned Standing Counsel does not appeal to reason. An employee whose son is studying in lower classes may face the same problems as faced by those parents whose sons and daughters are studying in higher classes. Like those in classes 9 & 11 will have to study in the same school, it is equally difficult for ordinary policeman to get her son or daughter admitted in a good and reputed school in mid session. Thus classification as is sought to be made cannot be said to be based upon any intelligible differentia.
Under the circumstances, therefore, the Court is of the considered view that both the provisions even if taken to be together then it should be interpreted for the benefit of the employees. All those employees of the department whose wards are studying in any of the classes right from class 1 to class 12, if they are transferred in the mid session, they deserve to be permitted to retain their official accommodation till the end of the academic session.
In the circumstances, therefore, I do not find any justification for the department to force the petitioner to vacate the official accommodation till at least 30th April, 2025.
Petitioner is permitted to give an undertaking before the respondent concerned that he would be vacating the official accommodation in any case by 30th April, 2025 and if he does so within a period of two weeks from today, he will not be forced to vacate the official accommodation in question, nor shall be charged with any penalty or commercial rate of rent for retaining the official accommodation till the end of current academic session. However, the house rent allowance shall be deducted as per rules.
With the aforesaid observations and directions, this petition stands disposed of. "
5. On the basis of aforesaid it is argued that the petitioner is also entitled for the same relief as has been granted in the case of Head Constable Uma Singh (supra).
6. The fact that the controversy involved in the present case is absolutely identical as in the case of Head Constable Uma Singh (supra) did not disputed by the learned counsel for the respondents.
7. In this view of the matter, the Court is of the opinion that the petitioner is also entitled for the same relief as has been granted in the case of Head Constable Uma Singh (supra).
8. In this view of the matter, the Petitioner is permitted to give an undertaking before the respondent concerned that he would be vacating the official accommodation in any case by 30th April, 2025 and if he does so within a period of two weeks from today, he will not be forced to vacate the official accommodation in question, nor shall be charged with any penalty or commercial rate of rent for retaining the official accommodation till the end of current academic session. However, the house rent allowance shall be deducted as per rules.
9. With the aforesaid observations and directions, this petition stands disposed of.
Order Date :- 9.1.2025
Arti
