SMT. AMARJIT KAUR Vs. BHAKRA BEAS MANAGEMENT BOARD

JUDGEMENT

(1.) Bhakra-Beas Management Board - the first respondent herein (for short, the Board) - was constituted under Section 79(1) read with Section 80(6) of the Punjab Reorganisation Act, 1966. A project colony was set up at Nangal Township for providing residential accommodation to the officers, staff and workmen engaged for the construction/maintenance and operation of Bhakra Dam, Power Houses, Nangal Dam and other appurtenant works. The residential accommodation built at Nangal Township is primarily meant for officers, staff and workmen engaged in the administration, maintenance and operation of the aforesaid works. It is claimed that there is shortage of accommodation even for the Board's staff and a large number of them are living in below status shelter/sub-shelter accommodation. Some years back a few teachers employed in Punjab Government Schools and Industrial Training Institute at Nangal met the Chairman of the Board and pleaded that since they were serving as the officers and staff of the Board at Nangal, they should also be considered for allotment of the Board's residential accommodation in second priority. On this representation, the Chairman observed as under :-

(2.) Petitioners herein are teachers in different government schools at Nangal and the only grievance made by them in this petition filed under Article 226 of the Constitution is that in spite of 174 houses having been reserved for allotment to teachers, very few have been allotted to them and this according to them is contrary to/in violation of the approval granted by the Chairman of the Board whereby those houses were reserved for teaching staff of the schools. It is contended on their behalf that some of those houses have been allotted to schools and classes are being run there while others have been kept vacant for allotment to the employees of the Board who may be retiring on some future date and that some of them have been reserved for couple cases. It is also alleged that the Board prepared seniority lists of teachers who are eligible for allotment of residential accommodation but those lists (Annexure P-3 with the petition collectively) contain the names of such teachers who are residing in the accommodation allotted to their spouses either by the Board or by the authorities of National Fertilizers Ltd. - a government company. What in fact is submitted is that total number of houses allotted to the teachers of government schools including Industrial Training Institute is far less than 174.

(3.) Mr. Bawa appearing for the Board admitted that some houses have been kept vacant as they stand reserved for couple cases to be allotted to the employees of the Board on some future date on the retirement of their spouses. It is also not in dispute that a few houses have been allotted to schools where classes are being run and the justification for this change in user is that the education institutions had no other accommodation with them. It is, however, admitted that as per the policy decision (Annexure P-1 with the writ petition), a total of 174 houses stood allotted for the teachers and other staff working in various government schools including Industrial Training Institute at Nangal. The preparation of seniority lists of the teachers (Annexure P3 with the petition) has also been admitted but it is stated that these lists contain only the names of the teachers and did not include the other staff working in the education institutions such as clerks, peons, chowkidars, malis, sweepers etc. who have also to be allotted accommodation within the quota of 174 houses.