Court No. - 2
Case :- WRIT - A No. - 6399 of 2019 Petitioner :- Mohammad Izhar Ali Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Vijay Gautam,Krishna Ji Shukla Counsel for Respondent :- C.S.C.
Hon'ble Suneet Kumar,J.
With the consent of learned counsel for the parties, the writ petition is being decided at the admission stage itself without calling for the counter affidavit in view of the order being passed hereinafter.
The contention is that the petitioner can retain the Government Quarter namely 316, Type-I, which was allotted to him in District Allahabad at the time of his posting in Civil Police. It is contended in the writ petition that upon being transferred and relieved from the Civil Police to (GRP), the petitioner had submitted his joining at GRP Headquarter, Lucknow and was then allotted District Allahabad in GRP.
Submission is that the petitioner's claim to retain the Government quarter at District Allahabad is covered by the circular dated 21.11.2016 issued by the Inspector General of Police, Headquarter, U.P., Lucknow. The said circular had been supplied in the Court. Learned Standing counsel could not dispute this position.
The impugned order dated 03.04.2019 is, therefore, quashed. The matter is remitted back to respondent no.3 to consider and pass appropriate order strictly in compliance of the aforementioned circular dated 21.11.2016.
With the above directions, the writ petition is allowed.
Order Date :- 30.4.2019 Mukesh Kr.