MOHD AKBER MIR Vs. STATE

JUDGEMENT

(1.) Petitioner a constable in J & K Police was allotted quarter No. 8 in Block-J at Police Housing Colony, Bemina Srinagar in occupation of One Ab. Gani Dar Dy. S.P., to take effect from January 2000. This allotment has been made under order No. 569 of 1999 dated: 18-10-99 by DIG of police Range Srinagar (Annexure-B. However, this order was superseded and this quarter No. 8 Type-II Block J of the colony was allotted to one Smt. Gulshan Akther, Sub-Inspector w.e.f. 31/12/1999 for security reasons under Order No. 205 of 1999 dated : 26/11/1999 passed by Inspector General of Police, Kashmir Zone (Annexure-C), followed by order of DIG Srinagar Range for implementation of allotment order in favour of said Gulshan Akther Sub-Inspector. This allotment order in favour of Gulshan Akther is challenged by petitioner on the ground that the order is in inviolation of rules and does not take into account adverse financial position and security concerns of petitioner.

(2.) Respondents have in reply on affidavit of DIG of Police, Srinagar Range alleged that the allotment of quarter to respondent No. 6 said Gulshan Akther was for security reasons, after the earlier order of allotment in favour of petitioner was cancelled. No right of petitioner has been violated in so far as police department is not obliged to provde accommodation (and even if it desirious so cannot provide accommodation) to all its employee. Out of the available accommodation the vacarit residential accommodation is allotted to police official for security reasons. Respondent No. 6 a lady officer, S.I. of the police department, has more security risk than the petitioner. She has been allotted accommodation prior to petitioner. Petitioner did not come in possession of a accommodation at any stage as the quarter was not available for allotment till it was actually vacated by said Dy. S.P. Ab. Gani Dar. Petitioner's case shall be considered once the quarter under construction at Bemina Housing Colony are completed. The physical possession of the quarter was delivered only to respondent No. 6. The order has been cancelled by the competent authority. Gulshan Akther Sub-Inspector of special guards was accommodated and given allotment because of the threat perception carried by her positing in special guards. No. rules have been violated. To the type of residence in question classified as Type-II, petitioner constable has no eligibility on the otherhand res pondent No. 6, Sub-Inspector is eligible for allotment and occupation of the residential accommodation in question.

(3.) Upon hearing the counsel for the parties and on consideration, it is seen that notwithstanding allotment of family quarter 8-Type II Block. J at Police Housing Colony, Bemina to petitioner on 18-10-99, the order itself shows that the allotment order was to take effect from January 2000 when one Ab. Gani Dar Dy. S.P. in actual possession of this quarter, was to vacate it on retirement. Before it could happen Inspector General of Police, Kashmir Zone in supersession of the above said order dated: 18-10-99 of the DIG Srinagar Range, passed fresh order on 26-11-99 alloting this quarter to Sub-Inspector Gulshan Akther of SSG for security reasons to take effect on retirement of said D.P. on 31-12-1999. The order of allotment in favour of the petitioner is provisional in the sense that it has not been acted upon and petitioner has not come in possession of the quarter at any point of time. Besides this order has been supressed by a superior officer of the rank of IGP, Kashmir' Zone and allotment of the residential quarter to Gulshan Akther Sub-Inspector is for security reasons. As submitted by Mr. M.I.Qadiri, Sr. AAG....the quarter is actually with and in occupation of said Gulshan Akther pursuant to the said allotment order. The order is not shown in inviolation of rules or passed by an incompetent authority/officer. On the question of competing claims of allotment of the residence to a constable or a Lady Sub-Inspector, for security reasons no exception can be taken to be allotment of accommodation to the officer. Petitioner is not eligible to the type of accommodation as classified under J&K Police Allotment, Occupation and Vacation of Residential Accommodation stand Order- 1983. To this type of accommodation a constable is not eligible, on the other-hand the eligibility of respondent No. 6 Sub-Inspector is specified in the order under clause 5. The allotment of the accommodation to respondent No. 6 by IGP and followed by the order of DIG of Police is in order. The allotment is made by the competent authority. So long the allotment order was not acted upon, the petitioner's order of allotment was just provisional in character which has been withdrawn before it could be acted upon.. In such matter prior hearing is not required. The adverse financial problem is not a matter for the employer in the matter of allotment of residential quarter where security concerns and that too of a Lady Officer, is high up in priority list. Personal problem of the petitioner in the facts and circumstances of the case, cannot off-set allotment based on security concerns where an officer is allotted accommodation under the orders of higher officer.