1997 Supreme(J&K) 9
IN THE HIGH COURT OF JAMMU AND KASHMIR AT JAMMU
Bilal Nazki, J.
Jawahar Lal Kher - Appellant
Versus
State Of J&K & Ors. - Respondent
OWP No. 339/1995
Decided On : 24 January, 1997
Advocate For Appellant: D.C. Raina
Advocate For Respondent: H. Rehman
Advocate For Appellant: K.L. Pandita
Advocate For Respondent: Seema Sheikher
Headnote:(b) CONSTITION OF INDIA-ARTICLE 226 :
Allotment of Govt. Accomodation Guidlines laid down - (Para 30)
(c) Constitution of India -Article 226 :
Accomodation to Judicial officers and the staff of the Judiciary- In view of the fact that the Judical Officers and the staff members of the Judiciary have to be protected from the Executive influence it will not be desirable for an officer of court to approach an executive day in and day out, for suitable accomodation as the whole concept of Judicial independence shall fall to the ground. Directions given to the Govt. to keep specified numbers of Govt. houses at the disposal of the registrar of High Court, in addition to the accomodation which is already in the custody of Judicial employees, to provide a accomodation to the Judicial staff & Judicial employees (Para 28 & 29)
2. All these petitions raise similar questions, therefore, are being decided by this common judgment.
3. After objection were filed, it was submitted by the respondents that every employee of the Government is being paid House Rent Allowance (HRA) and, therefore, question of allotment of accomodation to Govt. servant does not rise at all, as a matter of right[
4. Petitioners submitted that they have made applications which were recommended and endrosed by the Registrar of High Court. Respondents in their objections have submitted that these applications can be disposed of in accordance with rules. They further submits that since the petitioners have not shown any cause, therefore, they were not entitled to any Government accomodation.
5. After these petitions came to this Court, Following order was passed by this Court on 17-8-95:
"A number of cases are coming up before this Court seeking directions from this Court to the effect that they should be provided Government accomodation. Prima facie, it appears that there are no guidelines, rules or norms in accordance with which the Government accomodation is provided to employees of the state Government or even to private persons. Therefore, I direct the respondents to file an affidavit showing there the guidlines. Norms and rule s by which accodomations are being allotted and whether any que is maintained or not ? Respondents shall also file an affidavit showing thereby the allotments made by them Jammu City for the last six months. Till further orders from this Court, no further allotments shall be made without seeking permission from this Court. This restriction, shall, however, not apply while allotments are made to constitutional authorities, who are entitled to Government accomodation. The Government shall also be free to make allotments, if the security of a person so demands."
6. Petition, again came up before this Court on 15.9.95 and on that date this Court passed the following orders: -
" An order passed by this Court on 17.8.95 called upon the respondents to place before the Court the guidelines for allotments of Government accommodation. Besides that an affidavit showing the list of allotments for the last six months was also required to be furnished.
Mr. Rehman appearing for the respondents has filed detailed objections. He has also filed an affidavit in complaince to the Court order, sworn in by Director of Estates, wherein the norms laiddown by a cabinet Decision No. 101 dated 22.2.1977 have been indicated. In addition to this a copy of the list of Government quatrters allotted for the last six months has also been filed.
The petitioner submits that Advocates have resolved not to work today.
Since the order dated 17.8.1995 has been passed by Honble Mr. Justice Bilal Nazki, I would like the case to be listed before that Bench today."
7.Following order was passed, after the case was listed before this Court on 15.9.1995: -
" The order dated 17.8.95 has been complied with. The respondents have filed an affidavit showing the guidelines and norms under which the Government accomodation is being provided. They have also filed a list of the names of allottees who have been allotted Government accomodation in Jammu City for the last six months. The Director, Estates Department, who is present in the Court has not in his affidavit stated as to what is the method of allotment between person within a particular category. The Director shall be at liberty to file a fresh affidavit to take this Court into confidence as to whether there are any guidelines laid down in this connection or not ? In case the affidavit is not filed, then this Court shall be bound to presume that it is only pick and choose method which is being adopted.
8.1 have seen that out of the total allotments, in terms of the Govt. Or