ORDER

Delay condoned.

2. The second petitioner, admittedly, has retired from service. Before his retirement, the first petitioner, his son had applied for allotment of the house in substitution of the father. Undoubtedly, the allotment could not be made within the time asked for. Initially, the Department extended time, as sought for four months but on expiry thereof, he did not vacate the premises. Consequently, the order of extension was withdrawn. As a result, the first petitioner remained unauthorisedly in occupation for which he was directed to pay penal rentals. The petitioners have questioned the correctness of the orders in the Tribunal. The Tribunal in the impugned order dated August 28, 1996 dismissed the O.A. No. 132/96.

3. Shri Mahabir Singh, learned counsel for the petitioners, contends that the 2nd petitioner is eligible to apply for allotment in substitution of his father. Since the issue of allotment to which he is eligible was not determined for long and the delay was on the part of the respondent-Government, the penal rentals cannot be imposed upon them. We find no force in the contention. It is seen that under the ad hoc allotment rules issued in Memo No. 12035 date