K G VERMA Vs. UNION TERRITORY OF CHANDIGARH

JUDGEMENT

(1.) The petitioner K. G. Verma is an IAS Officer posted as Secretary to Government of Haryana, Food and Civil Supplies Department, Chandigarh. He seeks mandamus directing the respondents to allot House No. 3408, Sector 24, or any of the Houses Nos. 4, 11 or 25 in Sector 7, Chandigarh, with a further direction to the respondents to follow Chandigarh Administration Pool Allotment Rules, 1972, strictly. In July 1992 he was posted as above in Chandigarh. He applied for allotment of V-Type house to the Chandigarh Administration out of Pool of Houses under the Rules aforesaid. Thereafter he met Advisor to the Administrator. It was pointed out that IV-Type house should be allotted to him if specific recommendation is received from the Chief Secretary to Government of Haryana. Thus, the petitioner requested the Chief Secretary to make such a recommendation which was accordingly done with the request to the Chandigarh Administration to allot house No. 57, Sector 5, Chandigarh to the petitioner vide Chief Secretary's letter dated 16/03/1993. The aforesaid house was not allotted to the petitioner. Subsequently the petitioner represented that in 1986 when the petitioner left Chandigarh he was occupying VI-Type House No. 509, Sector 16, Chandigarh, allotted to him after a long wait under the Rules. At that time the aforesaid Rules were strictly being followed. It was also pointed out that several officers junior to the petitioner, who applied later, were accommodated in the matter of allotment of houses. Particular reference was made to the allotment of House No. 25, Sector 7. He requested for allotment of any of the two houses to be vacated by the PGI doctors in Sector 5 and Sector 7, Chandigarh. Annexure P.1 is the letter of the petitioner dated 21/04/1993. A reply to the same was revieved that the matter was being looked into which is Annexure P.2. In June 1993 the petitioner again wrote to the Chandigarh Administration that in an arbitrary manner House No. 25, Sector 7, was allotted to the SSP, U.T., Chandigarh, who was not entitled to that category of House, House No. 520, Sector 16, A V-Type house was allotted to Shri Rakesh Singh IAS of 1978 batch belonging to Punjab Cadre who was not even eligible for VI-Type house. He was already residing in VII-Type House in Sector 16. Thus the petitioner requested for allotment of House No. 14, Sector 7 or any other house in Sector 5 which may fall vacant. Copy of his letter is Annexure P.3. Further reference was also made to House No. 502 of Sector 16, which was earlier occupied by Chief Secretary to Government of Haryana and on his retirement was allotted to Hon'ble Judge of the High Court. Subsequently when Judges Houses were completed in Sector 24, House No. 502, Sector 16 was alloted to Shri L.M. Mehta, Special Principal Secretary to the Chief Minister of Haryana who is also an IAS Officer of 1968 Batch. Since Hon'ble Judge desired to continue staying in House No. 502, Sector 16, House No. 3408, Sector 24 (Judges House) was allotted to Shri L.M. Mehta.

(2.) Two Houses in Sector 7 were constructed by the Chandigarh Administration for the Deputy Commissioner and the Senior Superintendent of Police, Union Territory. One of the houses on completion of construction was allotted to Shri Mehra, Chairman, Chandigarh Housing Board. He is also an IAS Officer of 1975 Batch. In September 1993. The Finance Secretary, Chadigarh, informed the petitioner that House No. 3408, Sector 24 (Judges House) was being allotted to him as Shri L.M. Mehta wanted another house in Sector 7. As per information conveyed to the petitioner by the Home Secretary and the Assistant Estate Officer, the aforesaid house stood allotted to him and the formal letter was to issue. But subsequently on 24/09/1993 it came to the notice of the petitioner that the aforesaid house was handed over to the PGI for allotment to one of the doctors and that House No. 110, Sector 24 was allotted to the petitioner. It came to the notice of the petitioner that House No. 110, Sector 24 was not acceptable to the PGI. Thus, arbitrarily Judges House aforesaid was allotted to the PGI doctor. Several houses were allotted by Shri Ramesh Chander, Advisor to the Administrator on 24/09/1993 i.e. just before he handed over his charge on 24/09/1993, 25th and 26th September being Government holidays. This was termed as an arbitrary action on his part. Further reference was made to the allotment of three houses within a span of two years to persons who were not eligible for allotment under the Rules i.e. House No. 78, Sector 7, allotted to Shri S. P. Srivastava, Collector of Customs. Out of 100 houses, 65 were placed at the disposal of the Chandigarh Industrial and Tourism Development Corporation. Many houses were allotted to the journalists. A general grievance was also made that the officers allocated to the Union Territory were getting 4-tier benefits i.e. :-

(3.) Written statement has been filed on behalf of the Chandigarh Administration along with copy of the relevant Rules and the date asked for, while controverting the allegations of the petitioner.