Punjab-Haryana High Court
Darshan Singh vs State Of Punjab And Others( Cwp ... on 29 January, 2015
Author: Hemant Gupta
Bench: Hemant Gupta
CWP No.17259 of 2000 (O&M) 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CWP No.17259 of 2000(O&M)
Date of decision:29.1.2015
Darshan Singh ....Petitioner
VERSUS
State of Punjab and others .....Respondents
CORAM: HON'BLE MR. JUSTICE HEMANT GUPTA
HON'BLE MR. JUSTICE HARI PAL VERMA
Present: Mr. S.L. Chander Shekhar, Advocate for the petitioner.
Mr. Manoj Bajaj, Additional Advocate General, Punjab
for respondent No.1.
Mr. A.R. Takkar, Advocate for respondents No.2 and 3.
****
HEMANT GUPTA, J.(Oral)
The petitioner has sought a writ in the nature of mandamus directing the respondents to allot residential plot in 340 Acre Scheme in pursuance of draw of lots held on 04.12.1998.
The petitioner superannuated from service of Indian Railways and applied for a plot in pursuance of an advertisement published in the year 1997. The petitioner sought allotment of a plot under the Reserved Category contained in clause (viii) of the advertisement meant for pensioners which reads as under:-
"(viii). Pensioners and these serving employees whose superannuation falls in the next three years and who have no house of their own or in the name of any members of their family.
Fifteen Percent"
GULATI DIWAKER 2015.02.05 15:07 I attest to the accuracy and authenticity of this document CWP No.17259 of 2000 (O&M) 2The petitioner relies upon form 'B' (Annexure P-2) which specifies the extent of reservation and the categories in respect of which reservation in the matter of allotment of plots is contemplated. The relevant clauses from form 'B' reads as under:-
"Reservation:
(i). Not applicable.
(ii) Freedom Fighters and Political Sufferers who have been awarded Tamra Patras by the Government of Punjab or who are domicile of State and in case of their death, their widows and in the absence of widows their children.
(iii). Defence Personnel, Border Security Force Personnel, Members of the Central Reserve Police Force, Ex-Servicemen and war widows having domicile in the State of Punjab. Three Percent
(iv). Persons appointed by the Government in connection with the affairs of the State of Punjab and in case of death while in service, their widows. Four Percent
(v). Persons belonging to the S.Cs and B.Cs. Three Percent.
(vi). Outstanding sportsmen who won a Medal at international/National level competitions.
(vii). Employees of the Improvement Trust and Urban Estates and in case of their death while in service, their widows.
(viii) Pensioners and these serving employees whose Superannuation falls in the next three years and who have no house of their own or in the name of any members of their family. Fifteen Percent"
(ix). Rest of the plots shall be allotted by draw of lots to General Public who will apply under this scheme. In case sufficient No. of persons are not available in the reserve categories, balance, plots will be put to/ in the General quota."
GULATI DIWAKER 2015.02.05 15:07 I attest to the accuracy and authenticity of this document CWP No.17259 of 2000 (O&M) 3In the written statement filed, the stand of respondents No.3 and 4 is that the reservation was meant only for domicile residents of Punjab and not for other pensioners. Since the petitioner is not a pensioner from the State of Punjab but a pensioner of the Central Government, therefore, he is not entitled to benefit of reservation.
The reservation in respect of residential plots is contemplated in Rule 4 of the Punjab Town Improvement (Utilization of Land & Allotment of Plots) Rules, 1983 (for short 'the Rules').
The relevant Rule reads as under:-
"4. Reservation of residential plots and multi-storeyed houses.- (1) Subject to the provisions of rule 10, residential plots and multi-
storeyed houses shall be reserved for allotment to the following categories of persons to the extent specified against each:-
Category of persons Extent of
reservation
(i) Members of the Parliament representing Eight per cent
* the State of Punjab and the Members of of plots of 250,
the Punjab Legislative Assembly. 300, 400 and
500 Square
Yards only.
(ii) Freedom fighters and political sufferers Two per cent
having domicile in the State of Punjab
and who have been awarded Tamra
Patras by the Punjab Government; and in
the case of such persons their widows
and in the absence of widows their
children
(iii) Defence Personnel, Border Security Eight per cent Force Personnel, members of the Central Reserve Police Force, Ex-servicemen and War Widows having domicile in the State of Punjab
(iv) Persons appointed to Public Services by Eight per cent ** the State Government who are holding posts in connection with the affairs of the State of Punjab and in case of their death while in service their widows.
(v) Persons belonging to the Scheduled Eight per cent Castes and Backward Castes
(vi) Employees of the concerned Truest and Two per cent ** in case of their death while in service, their widows.
(vii) Non-Resident Indians Four per cent
* of plots of 500
Square Yards
size only:
Note:- * omitted by notification dated 15.12.2005
** prior to substitution on 15.12.2005.
GULATI DIWAKER 2015.02.05 15:07 I attest to the accuracy and authenticity of this document CWP No.17259 of 2000 (O&M) 4Provided that ten per cent of the residential plots and multi- storeyed houses shall be reserved for persons whose applications for allotment of residential plots and multi-storeyed houses are pending for a period of more than five years ending with the date of commencement of these rules:
Provided further that the unutilized plots reserved for different categories of persons under sub-rule (1) for want of eligible persons shall be open for allotment to the persons other than the reserve categories of persons;
Provided further that ten percent of the residential plots and multi-storeyed houses shall be allotted by the Trust with the approval of the Government to such category or class of persons and in the manner as the Government may from time to time keeping in view the socio-economic conditions of such persons specify.
xx xx xx xx xx"
The Rules in existence at the time of issuance of the advertisement contemplated reservation for the Members of Parliament representing the State of Punjab, Freedom Fighters, political sufferers who have been awarded Tamra Patras from the Government of Punjab having domiciles in State of Punjab and persons appointed by the Government in connection with the affairs of the State of Punjab etc. We have heard learned counsel for the parties and find no merit in the present writ petition. The condition No.(viii) in Form 'B' (Annexure P-2) has to be read in continuation with condition No.(iv) i.e. Persons appointed by the Government in connection with the affairs of the State of Punjab. The basic reservation is to the employees of Government of Punjab. Therefore, the pension cannot be irrespective of the employees. All other reserved categories are also in respect of domiciles of Punjab. The condition No.(viii) is not applicable in respect of pensioners.
GULATI DIWAKER 2015.02.05 15:07 I attest to the accuracy and authenticity of this document CWP No.17259 of 2000 (O&M) 5
Therefore, the claim of the petitioner that all pensioners irrespective of nature of their employment are entitled to benefit of reservation cannot be accepted. The petitioner could apply as a General Category candidate and compete with all other similarly situated candidates for allotment of a plot but as a pensioner of the Central Government, he is not entitled to reservation in terms of abovementioned conditions.
Consequently, we do not find any merit in the present writ petition. The same is dismissed.
(HEMANT GUPTA)
JUDGE
JANUARY 29, 2015 (HARI PAL VERMA)
'D. Gulati' JUDGE
GULATI DIWAKER
2015.02.05 15:07
I attest to the accuracy and
authenticity of this document