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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
JYOTSNA REWAL DUA
Ravinder Singh – Appellant
Versus
State of H.P. – Respondent
| Table of Content |
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| 1. petitioner's prior applications for accommodation change ignored (Para 1 , 2 , 3 , 4 , 5) |
Judgment :
Jyotsna Rewal Dua, J.
Petitioner seeks quashing and setting-aside of the office communications dated 05.01.2024 (annexure P-3) and 16.3.2024 (annexure P-6) whereby Set No.28 GF, Dispensary Block, Type-II, Barnus Court, Shimla was allotted in favour of respondent No.3.
2. The case
Petitioner and respondent No.3 both are serving as Drivers in the H.P. Secretariat, Shimla. Petitioner is deployed with the Deputy Chief Whip of Himachal Pradesh, whereas respondent No.3 is deployed with Officer on Special Duty (OSD) to the Hon'ble Chief Minister. From the pleadings and submissions made for the parties, following factual position emerges:-
2(i). Petitioner is in possession of government accommodation Set No.161, Type -II, Block (T), Nabha Estate that was allotted to him on out of turn basis on 06.01.2018.
It is the case of the petitioner that his aged mother had been battling cancer. The accommodation allotted to him was not on the road side. It also had stairs thereby making difficult for his mother to move and posed hindrance in her treatment. He, therefore, on 21.06.2023 made
Out-of-turn government accommodation allotment under exigency must be by House Allotment Committee per rules; arbitrary executive directions bypassing procedure illegal, violative of equality and rul....
Point of Law : Power vested by State in a public authority should be viewed as a trust coupled with duty to be exercised in larger public and social interest. Power is to be exercised strictly adheri....
The House Allotment Committee has the authority to earmark government residences, and prior allotment does not confer a vested right to claim accommodation not yet vacated.
Non-acceptance of prior accommodation offer does not exhaust right to one change if authority later grants allotment after scrutiny; cancellation without notice violates natural justice; prior allotm....
Service Law - Allotment of flat - Rule 7(i) of Policy provides that no application shall be entertained for accommodation if employee is retiring on superannuation in next six months, meaning there b....
Petitioners cannot challenge allotment amounts after acquiescing to the allotment orders and making partial payments, as they were unauthorized occupants without valid claims.
Every decision of an administration and executive nature must be composite and self-sustaining one and in that it should contain all the reasons which prevail the official taking the decision to arri....
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