MANJIT INDER Vs. THE CHANDIGARH ADMINISTRATION

JUDGEMENT

(1.) This is petition to quash Annexure P.6 issued by the Secretary, House Allotment Committee, Chandigarh, rejecting the request of Shri G.S. Batta for retention of the Government House No. IV/996, Sector 7-B, and for directing the respondents to allot a suitable accommodation to the petitioner in accordance with the Government Residences (Chandigarh Administration Pool) Allotment Rules, 1972.

(2.) The petitioner is presently working as a Senior Assistant in the Office of the Director of Public Instruction (Schools). Shri Gurcharan Singh Batta, father of the petitioner was an employee of the High Court of Punjab and Haryana. He retired from service w.e.f. 31.1.1996 while holding the post of Superintendent Grade-I. During his employment, Shri Gurcharan Singh Batta was allotted House No. IV/1996, Sector 7-B, Chandigarh. After his retirement, Shri Gurcharan Singh Batta made an application on 23.3.1996 to the Secretary, House Allotment Committee for permission to retain the government accommodation allotted to him. He repeated this request vide application dated 15.6.1996. The House Allotment Committee rejected the same as would appear from letter Annexure P-6 dated 19.9.1996 written by the Secretary, House Allotment Committee. Simultaneously action was initiated against Shri Gurcharan Singh under Section 5 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971. Upon this the petitioner's father vacated the house. However, the petitioner continued to pursue and press his claim for allotment of house under the Rules of 1972 and having failed in his attempt to persuade the respondents to allot suitable accommodation to him in accordance with the Rules of 1972 the petitioner has invoked the jurisdiction of this Court for issuance of a mandamus to the respondents to allot him appropriate government accommodation.

(3.) Shri Paramjit Batta assailed the decision of the House Allotment Committee rejecting the claim of the petitioner and his father to be allowed to retain House No. IV/996, Sector 7-B or to allot some other house to the petitioner in accordance with the Rules of 1972. Learned counsel argued that as the applications were submitted by the petitioner and his father prior to the coming into force of the Government Residences (Chandigarh Administration General Pool) Allotment Rules, 1996, the same should have been considered and decided in accordance with the Rules of 1972 and the failure of the respondents to do so is clearly illegal. Shri Batta argued that decision of the House Allotment Committee is contrary to Article 14 of the Constitution because in cases of many other employees allotment of houses have been made under the old rules. He placed reliance on the orders dated 14.11.1996 and 9.12.1996 passed by the Central Administrative Tribunal in OA No. 727-CH/96 and in OA No. 843-CH/96 respectively.