DAYA NAND Vs. HOME SECRETARY-CUM-SECRETARY

JUDGEMENT

(1.) THE petitioner challenges the action of the Chandigarh Administration cancelling the allotment made to the petitioner on the ground that he is not an "eligible employee" to deserve the allotment under the Government Residences (Chandigarh Administration General Pool Allotment) Rules, 1996 (hereinafter called 'the Rules'). At the time of allotment, it appears that the Secretary, House Allotment Committee, had addressed a communication to the Sub Divisional Engineer to elicit information about the charge, that the petitioner was holding with the Electrical Sub Divisional PWD Office of the Executive Engineer, Ambala Cantonment, who replied that the petitioner was holding a substantive post and the office also issued another letter on 07.10.2010, intimating that the petitioner was working on a substantive post at Chandigarh. The same tenor of the letter was also maintained by the Superintending Engineer in his communication to the Allotment Committee. Although the Committee had been informed that the petitioner was holding a substantive post at Chandigarh, he was directed to remove himself on account of cancellation of the allotment which founded the cause of action for the petitioner. The counsel for the petitioner will point out to all these communications from the Executive Engineer's office and the Superintending Engineer's office at Ambala Cantonment and Karnal respectively.

(2.) THE Chandigarh Administration would support its stand by referring to the definition of "eligible employee" under Section 2(h) of the Rules of 1996 and "eligible office" occurring under Section 2(i) to mean that the petitioner shall be an employee of the Government of Punjab, Haryana and Chandigarh Administration on regular basis in an eligible office. Eligible office is defined as an office of the Governments of Punjab, Haryana, Chandigarh Administration and Punjab and Haryana High Court located at Chandigarh. The reproduction of these Rules would be relevant for a fuller understanding and their contextual reference to eligible employee and eligible office. "(h) "Eligible Employee" means an employee of the eligible office of the Government of Punjab, Government of Haryana, Chandigarh Administration or of Punjab and Haryana High Court working on regular basis in an eligible office or on foreign service having posting with substantive charge at Chandigarh, Panchkula or Mohali as long as he retains lien on a post in an eligible office, Mayor of the Municipal Corporation as also the employees of the Chandigarh Administration transferred to the Municipal Corporation, Chandigarh, Chairman/President/Member of various Commissions/Boards/Consumer Forums etc. set up by the States of Punjab and Haryana, Chandigarh Administration, who are employed on full time basis and are getting their salary from the consolidated Fund, and if employed on contractual basis their contractual period is not less than three years." (Amended vide Notification Nos.299, dated 2.6.97, 283 dated 10.5.2001, 391, dated 18.6.2004) (i) "Eligible Office" means an office of the Governments of Punjab, Haryana, Chandigarh Administration and Punjab and Haryana High Court located at Chandigarh, Panchkula or Mohali, the staff of which has been declared by the Chandigarh Administration to be eligible for accommodation under these rules, Office of the Municipal Corporation, Chandigarh in respect of the employees of the Chandigarh Administration transferred to Municipal Corporation, Chandigarh, Chairman/President/Member of various Commissions/Boards/Consumer Forums etc. set up by the States of Punjab and Haryana, Chandigarh Administration, who are employed on full time basis and are getting their salary from the consolidated Fund, and if employed on contractual basis their contractual period is not less than three years" and Chief Ministers/Ministers/Deputy Ministers/Leaders of opposition of Punjab and Haryana Government for houses in the Chief Ministers pool only. Provided that the employees of those departments of the Union Territory Administration, who have their own departmental pool, shall not be entitled for the allotment of houses from Chandigarh Administration Pool. Provided that officers/officials holding additional charge of a post at Chandigarh and having substantive charge outside Chandigarh, Mohali or Panchkula will not fall within the expression "Eligible Office". (Amended vide notification Nos.229, dated 2.6.97, 86 dated 12.2.1998, 283, dated 10.5.2001)"

(3.) ACCORDING to the respondents, the petitioner is ordered to be posted at Chandigarh in a post by the Executive Engineer, Electrical, PWD, B&R, Ambala Cantonment and he draws his salary also from the office at Ambala Cantonment. While the petitioner would contend that the 'eligible office' must be understood as any office of Haryana located at Chandigarh, the respondents would contend that the office, that is located at Chandigarh, must be the particular office to which the allottee is attached. The only fact that the head office is located at Chandigarh, ought not to be the deciding criterion.