Government accommodation belonging to the Chandigarh Administration General Pool is governed by the Chandigarh Administration Allotment Rules; retention beyond the prescribed six-month period during deputation outside the territory is impermissible, justifying the levy of penal rent.

KULDEEP TIWARI, J. (ORAL)

CM-6471-CWP-2026

1. As prayed for, the application is allowed. Rejoinder to the written statement filed by the respondents, along with Annexures P-17 and P-18, is taken on record, subject to all just exceptions.

CWP-2049-2025

2. Through the instant writ petition, the petitioner assails the orders dated 13.12.2024, 11.09.2024 and 12.06.2024, and further seeks issuance of directions to the competent authority amongst the respondents to consider his case for retention of the house in question during the period of his deputation.

3. The petitioner predicates his claim for retention of the house in question, allotted from the U.T. Chandigarh Administration General Pool, for a period of up to 60 months despite his deputation outside Chandigarh, upon the notification dated 24.05.1993 issued by the Ministry of Human Resource Development (Department of Education), as well as the notification dated 16.06.2017 issued by the Ministry of Urban Development (Directorate of Estates).

4. Learned counsel for the petitioner submits that at the time of allotment of the house in question on 25.11.2003, the petitioner’s employer, namely Punjab Engineering College (Deemed to be University), Chandigarh (hereinafter referred to as “P.E.C.”), was under the aegis of the U.T. Chandigarh Administration, however, it has since acquired the status of an autonomous body. It is thus contended that the Government Residences (Chandigarh Administration General Pool) Allotment Rules, 1996 (hereinafter referred to as “the Allotment Rules”) would not govern the terms of allotment, and instead the notification dated 16.06.2017 (supra) would apply. Placing reliance upon Rule 40 thereof, it is argued that the petitioner is entitled to retain the house in question during deputation for a period of 60 months on payment of normal licence fee.

5. Before proceeding to examine the submissions advanced on behalf of the petitioner, it is deemed apposite to make a swift survey of the undisputed factual matrix.

6. The petitioner joined P.E.C. as a Lecturer in Electrical Engineering and was allotted House No.548, Sector 11, Chandigarh, vide allotment letter dated 25.11.2003 (Annexure P-1), issued by the House Allotment Committee of P.E.C., subject to the terms and conditions stipulated therein. Two such terms and conditions, being important, are extracted hereunder:-

“6. Rent will be charged from the allottee as per instructions issued by the Chandigarh Administration from time to time.

7. Subletting, additions and alterations in government houses are now allowed. In case of any subletting, additions and alterations etc. the allotment of government house will be cancelled and allottees will be charged damages and will be evicted by Estate Officer, Chandigarh.”

7. Subsequently, vide order dated 08.02.2024, the petitioner was appointed as Director-Principal, RBS State Institute of Engineering and Technology, Rewari, on deputation for a period of three years, and was relieved from P.E.C. w.e.f. 06.03.2024. In terms of the Allotment Rules (amended from time to time), the petitioner was entitled to retain the allotted accommodation for a period of six months. Accordingly, the petitioner, vide email dated 12.06.2024, requested the Estate Officer-II, P.E.C., to allow him to retain the house in question, for some personal issues, as per norms of the institute. The relevant excerpt from the email reads as follows:-

“….I may be allowed to retain the government accommodation allotted to me as per norms of the institute. It may be note