1. The instant petition has been filed seeking following reliefs:
(i) issue or pass a writ, direction and/or order in the nature of certiorari quashing the impugned order dated 05.07.2019 passed by the Commandant, 35th Battalion, P.A.C., Lucknow as contained in Annexure No.5.
(ii) issue or pass a writ, direction and/or order in the nature of mandamus directing the respondents hereto to immediately allot and hand over possession to the petitioner of a quarter, including quarter no.37, Type-1, on the ground floor in the premises of the 35th Battalion, P.A.C., Lucknow, and,
(iii) issue or pass a writ, direction and/or order in the nature of mandamus restraining the respondents hereto from compelling the petitioner to continue to live in quarter no.T/56 in the premises of the 35th Battalion, P.A.C., Lucknow, and,
2. Learned counsel for the petitioner submitted that the impugned order passed by commandant 35th Battalion P.A.C., Lucknow is bad in law and passed without jurisdiction violating the Article 14 of the Constitution of India. It has further submitted that there are no reasons whatsoever for the Commandant 35th Battalion P.A.C., Lucknow to cancel the allotment of the quarter no.37 (Type-I) of the petitioner without any reason assigned and without considering the facts that the family members of the petitioner are staying in the said quarter which cause inconvenience to the petitioner. The said order was passed by the authority concerned with the mala fade intention and as the petitioner had filed a contempt petition before this Hon'ble High Court against the Commandant 35th Battalion, P.A.C., Lucknow and, therefore, in retaliation, the impugned order was passed. Learned counsel appearing on behalf of petitioner further submitted that in the impugned order passed by the opposite party no.3, there has also not been assigned any reason and passed the order in the mechanical way without giving the opportunity of hearing which is violating the Article 14 of the Constitution of India.
3. Per-contra, learned counsel for the State has vehemently opposed the submissions made by learned counsel for the petitioner and submitted that the petitioner has made an incorrect and wrong statement before this Court. The petitioner has wrongly get the allotment after the retirement of his colleague. In fact, the petitioner is residing in the house No. T-56 for about 16 years but he could not informed about already allotted house. It is further submitted that approximately 350 employees of the Head Constable and Class IV are working and residing outside of the battalion in private accommodations along with the family in anticipation to the allotment of government accommodation. The allotment of the quarters are being done in accordance with seniority or with consideration of house problem of employees of the report of the Committee constituted for that purpose. Learned counsel appearing for the State submitted that in the 35th Battalion P.A.C. Campus, the number of quarters are 78 of Type-II and 7 of Type-IV. It has also brought in the notice of the Court that at present 293 Constables and 74 Class IV employees are still in waiting for allotment of Government quarters. Learned counsel appearing for the State submitted that in said circumstances the petitioner is demanding the Type-I quarter in place of allotted quarter which he is continuously living for about 16 years with his family. It has also been submitted that Type-I category of quarter is made for Constables and not for the Class-IV employees. It has been further submitted that in view of above facts and circumstances the contentions and grounds made in the petition, has no force. There is no illegality or perversity in the said impugned order and also there are no grounds available for interference of this Court under Article 226 of the Constitution of India in the impugned order dated 05.07.2019. The present petition lacks merit and is, liable to be dismissed.
4. Heard learned counsel for the parties and perused the record.
5. I have perused the impugned order dated 05.07.2019 in which it has contended that the Government quarters may be allotted to the Government employees in accordance with their seniority, entitlement as well as the requirement. The petitioner is still residing at quarter No. T-56 and while passing the impugned order by the competent authority it was directed that the repair work of the quarter no. T-56 in which the petitioner is residing, will be carried out and for the same purpose order has already been passed. After perusal of the impugned order dated 05.07.2019 and reason assigned while passing the impugned order, I do not find any illegality in the said order. The petitioner has no legal right for the allotment of the particular quarter and the Government accommodation to be allotted as per availability and as per the seniority.
6. The instant petition lacks merit and is, accordingly, dismissed.
Order Date :- 19.2.2021 Mohit