The petitioner no.1 is a constable in Civil Police. He has been transferred from G.R.P., Kanpur to Civil Police. Petitioner no. 2 is also posted as constable in Civil Police. He has also been transferred from G.R.P., Kanpur to Civil Police. It is stated that due to the transfer order, their Headquarter is not changed.
The petitioner no. 1 while posted in G.R.P., Kanpur, he was allotted quarter no. 329 (O), G.R.P. Kanpur Central Premises, Kanpur. and the petitioner no. 2 was allotted quarter no.329 (K), G.R.P. Kanpur Central Premises, Kanpur.
In paragraph no. 15 it is averred that the petitioners have vacated their premises. However, by the impugned order a sum of Rs.2,72,013/- has been imposed penal rent against both the petitioners.
It is contended on behalf of the petitioners that a Division Bench of this Court has held in the case of Udit Naryan Dwivedi v. State of U.P. and others, Special Appeal No.509 of 2013 that there is common pool of Government accommodation for the civil police and G.R.P. In case an employee is transferred from civil police to G.R.P. within the same Headquarter was not liable to vacate the Government accommodation merely on account of the transfer.
Matter needs consideration.
Learned Standing Counsel is granted four weeks time to file counter affidavit. Rejoinder affidavit, if any, may be filed within a week thereafter.
List this case on 30.08.2016.
In the meantime, in case petitioners deposit 25% of the penal rent at the market rate as demanded in the impugned order within six weeks, the effect and operation of the impugned orders dated 27.12.2015 and 07.09.2015 passed by the respondent no. 2 shall remain stayed till the next date of listing.
Order Date :- 16.5.2016 AU