UNION TERRITORY OF CHANDIGARH Vs. V K KHANNA

JUDGEMENT

(1.) This revision petition is directed against the order of the Subordinate Judge 1st Class, Chandigarh dated 25-1-1984.

(2.) Briefly the facts are that the plaintiff is a member of the Punjab Cadre of Indian Administrative Service. He was posted in Chandigarh in March 1982 as Commissioner and Secretary to Government, Punjab, and since then he has been continuously posted there. He is drawing emoluments exceeding Rs. 2,000/- per mensem. It is alleged that he is entitled to type IV house under the Government Residences (Chandigarh Administration Pool) Allotment Rules, 1972 (hereinafter referred to as the Rules). Under the Rules a House Allotment Committee (Upper) has been constituted under the Chairmanship of defendant 2 and it comprises of defendants 4 to 9 in addition to the said defendant. The Committee allots houses of types III to VIII. It is alleged that defendant 2 in disregard of the Rules had been making allotment of the Houses on out-of-turn basis.

(3.) House No. 57 in sector 5. Chandigarh (which is type IV house) was vacated by Shri O. P. Malhotra, Chief Engineer, Chandigarh. It was allotted out-of-turn to Shri M. C. Gupta, Commissioner and Secretary to Government, Haryana, defendant 11 though he was not entitled to the house. It was consequently prayed that defendant 2 be restrained from making out-of-turn allotment of Government houses on ad hoc basis in arbitrary manner and defendants 1 to 10 be restrained from handing over possession of house No. 57 in Sector 5 to Shri Gupta.