CHANDIGARH ADMINISTRATION UNION TERRITORY CHANDIGARH Vs. SHAM SINGH

JUDGEMENT

(1.) The matter here concerns the allotment of government residential accommodation in Chandigarh to Children and other specified relations of a government servant in occupation of such accommodation at the time of his retirement. A special concession has been granted to those specified relations of the retiring government servant of out of turn allotment of government residential accommodation on their fulfilling the conditions prescribed in this behalf. The controversy now raised in with regard to the modification of such conditions.

(2.) It was by the order of the Chief Commissioner, Chandigarh of 15/04/1974 (Annexure P-3) that specified relations of a retiring government servant were for the first time rendered eligible for priority in allotment of government residential accommodation on their fulfilling the conditions prescribed therein. This order provided that if such specified relation :

(3.) It appears that on account of the ever increasing waiting period for 'in turn' allotment of government residential accommodation to those entitled, there was rethinking in the Chandigarh Administration with regard to the 15/04/1974 (Annexure P-3) policy culminating in the letter of the Home Secretary of 10/06/1987 (Annexure P-4) to the Secretary of the House Allotment Committee recording therein the conclusion that this policy i.e. of 15/04/1974, "is unfair since it has resulted in the allotment of houses on out of turn basis to government servants who have very few years of service whereas government employees with a large number of years of service are still waiting for 'in turn' allotment" and that it has accordingly been decided to discontinue this policy with immediate effect. Retiring government servants in possession of government accommodation in accordance with the erstwhile policy of 15/04/1974, were, however, given three months time to vacate it.