JASWINDER KAUR Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) In the instant writ petition, the petitioner has questioned the communication dated 9.1.2014 (Annexure P-9).

(2.) The petitioner's father late Shri Paramjit Singh was working as a Superintendent in the office of Additional Director General of Police, Intelligence, Punjab, Chandigarh. He was allotted House No.III/241 Sector 43, Chandigarh. Shri Paramjit Singh died on 21.1.2009 while in service. By virtue of Government notification dated 28.6.1996 relating to the Government Residences (Chandigarh Administration General Pool) Allotment Rules 1996, the petitioner continued to occupy the allotted quarter to her father. As per the Government Residences (Chandigarh Administration General Pool) Allotment (Amendment) Rules, 2010, proviso to Rule 3 prescribes that legal heirs of the deceased employee are entitled to retain the allotted Government accommodation (beyond the period of three years on payment of normal licence fee) for further period of 2 years (i.e. for 4th and 5th year) on payment of five times of the normal licence fee. The petitioner continued to occupy the allotted quarter to the deceased employee. Even today by virtue of interim order, she is continuing. In this background, the petitioner was appointed on compassionate ground on 18.3.2013. She has joined her services on 20.3.2013. After joining her services, she submitted an application for allotment to Government Accommodation in particularly allotted quarter to deceased Government employee. The respondents have rejected the claim of the petitioner for allotment to the Government H. No.III/241 Sector 43, Chandigarh stating that the petitioner's case do not fall under the notification dated 8.6.2010 i.e., Government Residences (Chandigarh Administration General Pool) Allotment (Amendment) Rules, 2010. Thus, feeling aggrieved by the communication dated 9.1.2014, the petitioner has presented this petition.

(3.) Learned counsel for the petitioner submitted that as per notification dated 8.6.2010, the petitioner is entitled to allotment of house under sub rule (a) (i) of Rule 2 of the Government Residences (Chandigarh Administration General Pool) Allotment (Amendment) Rules, 2010. Denial by the respondents with reference to the same notification is contrary to the aforementioned rules. It was further submitted that in an identical matter, this Court has quashed the order and directed the respondent to regularize the Government accommodation and further ordered that normal licence fee may now be charged from the petitioner in CWP No.13326 of 2011.