JUDGMENT

Swatanter Kumar, J.

1. Leave granted.

2. The present appeal is directed against the judgment dated 16th May, 2011 of the High Court of Punjab and Haryana at Chandigarh whereby the Division Bench stayed the operation of the directions issued by the learned Single Judge in the order dated 10th March, 2011 and referred the matter to a larger Bench keeping in view the nature of the dispute and its significance.

3. This Court had issued directions on the same subject matter and approved the draft rules which were placed before it vide judgment dated 7th May, 1996 in Civil Appeal No. 8890 of 1996. Keeping in view the importance of the issues raised and the likelihood of such issues arising repeatedly before the High Court, this Court had issued notice vide order dated 3 rd June, 2011, declined to pass any interim order and directed that the matter be listed for final hearing at that stage itself. Resultantly, this matter was finally heard by this Court.

4. Before we dwell upon the legal issues arising in the present appeal, it will be necessary for us to refer to the basic facts giving rise to the same. The Appellant is an officer belonging to the Indian Administrative Services and had been allocated to the Haryana Cadre. She was allotted House No. 55, Sector 5, Chandigarh vide order dated 11 th October, 1996, when her husband was posted on deputation to the Government of India. She retired from service on 28th February, 2007. As per the Government Residences (Chandigarh Administration General Pool) Allotment Rules, 1996 which has been amended from time to time, (hereinafter referred to as 'the Allotment Rules'), she was entitled to retain the Government accommodation previously allotted to her while she was in service for a period of four months with further possible extension up to six months, in terms of Rule 13 of the Allotment Rules. This extension could be granted only in exceptional cases. In other words, she ought to have vacated the residential premises allotted to her by 31st December, 2008.

5. On 31 st December, 2007, the Appellant was appointed as the State Information Commissioner with effect from 3rd January, 2008. As per her terms of appointment, she was entitled to Government accommodation and salary/ allowances of the same type and amount as were given to the Chief Secretary to the Government of Haryana. She had applied to the authorities concerned requesting for allotment of the same accommodation, i.e., House No. 55, Sector 5, Chandigarh to her, but her request had not been accepted. Proceedings for eviction began against her before the Estate Officer. The Estate Officer vide his order dated 9 th April, 2008 declared the Appellant an unauthorised occupant and passed an order of eviction on 16 th April, 2008. Aggrieved by the said order, the Appellant preferred an appeal before the Additional District Judge, Chandigarh which, however, came to be dismissed vide order dated 22 nd October, 2008. This order of the Appellate Authority was challenged by the Appellant through a writ petition in the High Court of Punjab and Haryana being Writ Petition No. 20252 of 2008. In this writ petition, the contention raised by the Appellant was that she, in the capacity of an officer of the Administrative Service and later, on becoming the State Information Commissioner, was entitled to retain the accommodation previously allotted to her. It was contended that she was being evicted from the premises illegally, without authorization and in an illegal manner. The learned Single Judge of that Court vide order dated 10th March, 2011, passed certain general directions in relation to the procedure for allotment of Government houses, their retention and various other aspects relating thereto. The learned Single Judge modified the order dated 1 st December, 2008 passed by the Division Bench when the writ came up for hearing before the Single Judge qua the Appellant and directed that as soon as any alternate accommodation is allotted to h