SUDRIPTO ROY Vs. SURESH KUMAR

JUDGEMENT

(1.) This petition is filed by the Petitioners against an order passed by the Senior Sub Judge, Dharamshala on 24th September, 1992 in C.M.A. No. 42 of 1992 and confirmed by the Additional District Judge (I), Kangra at Dharamshala on 31st December, 1997 in Civil Misc. Appeal No. 8 of 1994 (RBT No. 22-D/96).

(2.) Necessary facts leading to the present revision may now be stated. Respondents were the Plaintiffs of Civil Suit No. 127 of 1991 pending in the court of Senior Sub Judge, Kangra at Dharamshala. It was their case that they were the employees of Judicial Department of the State. Whereas the Plaintiff No. 1 was appointed as clerk-cum-Typist on February 10, 1977, Plaintiff No. 2 was appointed as Ahlmad with effect from October 31, 1980. Both of them were working in the courts of the Additional District Judge and Senior Sub Judge at Dharamshala respectively.

(3.) The case of the Plaintiffs was that they were eligible and entitled to get residential accommodation (Type II) from general pool as per the Himachal Pradesh House Allotment Rules. Both the Plaintiffs for the said purpose submitted applications through proper channel, but neither they were allotted Government quarters nor their applications were even considered. Not only that but ignoring their legitimate claims and without holding any meeting of the House Allotment Committee after August 1, 1989, several persons were provided residential accommodation out of turn who were very much junior to the Plaintiffs. It was also the allegation of the Plaintiffs that some of them had even sub let the quarters allotted to them. Likewise, though some of the occupiers of Government quarters got retired or transferred from Dharamshala, they continued to occupy such quarters by depriving accommodation to other Government employees.