RAM PARAS TRIPATHI Vs. STATE OF U P

JUDGEMENT

(1.) SUDHIR Agarwal, J. This intra Court appeal arises from the judg ment dated 11. 12. 2006 of the Hon'ble Single Judge dismissing Civil Misc. Writ Petition No. 66565 of 2006 of the petitioner-appellant.

(2.) HEARD Shri V. C. Mishra, learned Senior Counsel assisted by Sri Vivek Mishra, Advocate appearing for the appellant and Shri R. K. Tiwari, learned Stand ing Counsel.

(3.) SHRI V. C. Mishra, learned Senior Counsel heavily relied on Rule 18-A (5) (c) of the Financial Hand Book and submitted that even after retirement a Govern ment servant, has a right to continue in accommodation on payment of monthly penal rent as calculated thereunder and so long as he is inclined to pay such rent, he cannot be evicted or be asked to vacate the official residence. He submit ted that the Rules nowhere provides that a Government servant after retirement has to vacate the official accommodation even if he is inclined to pay such rent, as provided under the Rules. Elaborating the submission, he contended that in these days of severe housing problem the Rules permit and enable a Government servant to retain an official accommodation even after retirement provided he pays rent in accordance with Rule 18-A (5) (c) and so long as such payment is made by the retired Government servant he cannot be said to be an illegal occupant of the official residence and cannot be asked to vacate the same.