GOPAL GARG Vs. STATE OF H.P.

JUDGEMENT

(1.) PETITIONER is serving as Clerk in the Directorate of Higher Education at Shimla.

(2.) His father was also in government service and on account of his being in service, he was allotted a Type II set in Kasumpti, Shimla. Father of the petitioner died in harness. His mother, also being in government service, was allotted the aforesaid accommodation, occupied by his father. Now, the petitioner's mother has also retired on 31.10.2010. Before her retirement, petitioner made an application, Annexure PA, which is dated 6.8.2010, for allotment of the aforesaid accommodation to him, as he too is in government service and serving at Shimla. In May, 2011, after the retirement of his mother, petitioner's application, Annexure PA, was rejected. Order was conveyed to him through Annexure PF. He then filed the present petition, seeking issuance of direction to the respondents to allot the accommodation, in question, to him, as per Rule 8.2 of the H.P. Allotment of Government Residences General Pool Rules, 1994.

(3.) REJOINDER has been filed by the petitioner, in which it is stated that when posted at Shimla, he joined LL.B. Course in the year 1998 and, therefore, took on rent some accommodation near the University and started residing sometime in that rented accommodation and sometime with his mother. It is also stated that later on his elder brother got married and because of that, he often lived in rented accommodation near the University.