UNION TERRITORY, CHANDIGARH Vs. ARVIND KUMAR MIDHA

JUDGEMENT

(1.) Scant regard for truth constitutes of foundation of the claim for out of turn allotment of government residential accommodation by the writ petitioner-Arvind Kumar Midha, who is working as Computer Operator in the office of the Director, Food & Supplies, Punjab, Chandigarh.

(2.) It has come on record that while in service, the father of Arvind Kumar Midha, namely, Sher Jang Midha had been allotted House 1507 in Sector of 20, Chandigarh and the writ petitioner had been living with him ever since, even after he joined government service on March 13, 1980. As per the plea raised in the writ petition, the petitioner claimed that as he had been living with his father all this time, he was entitled to out of turn allotment of the said house upon his father's retirement on August 31, 1989.

(3.) According to the relevant instructions of the Chandigarh Administration, one of the essential requirements for out of turn allotment of government residential accommodation is that the person seeking such allotment must not have been drawing house rent allowance for a period of not less than three years preceding the retirement of the government servant who had been allotted the government residential accommodation where he had been living. It is pertinent to note that no mention was made in the writ petition of the petitioner not having drawn house rent allowance for any period. In other words, it was not said that the petitioner had not been drawing house rent allowance. It was for the first time before the Supreme Court that a statement was made in his behalf that he had not been drawing any house rent allowance. According to the Chandigarh Administration, however, he had been drawing house rent allowance till February 28, 1989. It was this disputed question of fact having been raised that the matter has been remanded to this Court for decision.