Utt HC | Refusal to vacate official accommodation by one, might create inconvenience to others; petition dismissed 

Uttaranchal High Court: Manoj K. Tiwari, J. contemplated a writ petition where it was contended that petitioner was to retire in the month of March 2020, therefore, it was not justified to ask the petitioner to vacate the official accommodation.

Petitioner was earlier posted in Rudrapur, as Chief Administrative Officer, he was subsequently transferred to Haldwani. Since petitioner had not vacated the official accommodation allotted to him at old SDM Court compound, Rudrapur, hence the proceedings under Uttar Pradesh Public Premises (Eviction of Unauthorized Occupants) Act, 1972 were initiated against him. Petitioner approached the Court with the contention that Prescribed Authority under Uttar Pradesh Public Premises (Eviction of Unauthorized Occupants) Act, 1972 was proceeding with the matter with undue haste, inasmuch as, he was hearing the matter on day to day basis. Learned counsel for the petitioner further submitted that the petitioner’s case was recommended for re-transfer to Rudrapur, therefore, he was not be disturbed from the official accommodation allotted to him at Rudrapur. 

The Court was not impressed by the submissions made by the petitioner. Petitioner was allotted official accommodation, while he was posted at Rudrapur. Petitioner had no authority to occupy the official accommodation, once he was transferred to Haldwani. The Court further observed that, the official accommodation at Rudrapur was required for the new incumbent on the post which was earlier held by the petitioner and if one Government servant refuses to vacate the official accommodation, it will result in a chain reaction and will cause inconvenience to all others, who are transferred consequent to petitioner’s transfer. Hence, the petition was dismissed. [Kharak Ram Arya v. State of Uttarakhand, 2019 SCC OnLine Utt 535, decided on 21-06-2019]

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