LexMRS. ASHA SHARMA versus CHANDIGARH ADMINISTRATION AND ORS.
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[2011) 13 (ADDL.) S.C.R. 881 MRS. ASHA SHARMA v. CHANDIGARH ADMINISTRATION AND ORS. (Civil Appeal No. 7524 of 2011) AUGUST 30, 2011 [OR: 8.5. CHAUHAN AND SWATANTER KUMAR, JJ.) Government Residences (Chandigarh Administration General Pool) Allotment Rules, 1996: A B c r. 13 - Allotment of accommodation - Appellant, an !AS Officer was allotted government accommodation in Chandigarh - She retired from service and was r.equired to vacate the premises by 31st December, 2008 - On 31st December, 2008, she was appointed as the State Information D Commissioner - She requested to the authorities for allotment of the government accommodation already in her occupation, but her request was not accepted - Estate Officer passed an eviction order against the appellant which was upheld by the appellate authority - Writ petition - The Single E Judge of the High Court directed that as soon as a'ny alternate accommodation is allotted to appellant, as per her entitlement under the Rules, she shall, within two weeks of such allotment, vacate the house presently under her occupation - However, the Division Bench stayed the directions of the Single Judge F and directed the matter to be heard by a larger Bench - On appeal, held: No new house for any category/post should be earmarked unless the house already earmarked for such category/post has been vacated and placed in the general pool of the Chandigarh Administration for allotment in accordance with the Allotment Rules - No case of retention G of government accommodation beyond the periods specified in the table to r. 13(2) of the Allotment Rules shall be entertained by any authority under the Allotment Rules - An order of eviction and damages was passed against the 881 H 882 SUPREME COURT REPORTS [2011] 13 (ADDL.) S.C.R. A appellant - The matter in that behalf is still pending final hearing before the Single Judge - The parties are left to raise all their contentions before the Single Judge, who shall decide the matter in accordance with law - However, with regard to the interim· order passed by the High Court, the State is B directed to allot to her an alternative accommodation under the category as per her entitlement, in pursuance of her appointment as State Information Commissioner, within fifteen days and she shall be liable to vacate the accommodation presently in her occupation within two weeks thereafter- In the c event the Government is unable to allot her an alternative accommodation of her category for the reason of non- availability of such accommodation, she should be provided with appropriate accommodation, including private accommodation of he_r status, within the same period. D r. 7 - Earmarking of houses - Held: r. 7 provides for earmarking of houses for specified officers from different branches of the State Administration and those houses which have not been so earmarked for any particular class of Government employees would be allotted to the general pool E of the Chandigarh Administration - This Rule and its sub- Rules read together do not suffer from the vice of arbitrariness, as earmarking of houses is a known concept in relation to allotment of houses - In the instant case, the Single Judge of the High Court gave a clarificatory direction that when F earmarked houses are occupied by an officer, who is at that time not entitled to that house, another house would not be earmarked for any particular officer, until the occupied house is vacated - One exception was carved out in favour of SSP, Chandigarh - This clarificatory direction is not violative of any G rule or is otherwise impermissible - These directions attempted to ensure that there should not be more than one earmarked house for the same post as per the need - This would also ensure timely vacation of the earmarked houses by the officers concerned, upon their transfer, promotion or H posting to a post where they are not entitled to an earmarked ASHA SHARMA v. CHANDIGARH ADMINISTRATION 883 AND ORS. accommodation - There is no reason to interfere with A imposition of such a condition which is in conformity with the spirit of the said Rule. r. 11 - Out-of-Turn Allotments - Held: s. 11 deals with Out- B of-Turn Allotments, i.e. the House Allotment Committee may allot a house on Out-of-Turn basis to the cases specified under clauses (a) to (g) of that Rule - r. 11 is a very comprehensive rule which deals with the specific sit
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