Allahabad High Court
Smt. Laxmi Devi Yadav vs State Of U.P. And 3 Others on 19 November, 2019
Author: Sangeeta Chandra
Bench: Sangeeta Chandra
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 38 Case :- WRIT - A No. - 16277 of 2019 Petitioner :- Smt. Laxmi Devi Yadav Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Lalit Kumar Srivastava Counsel for Respondent :- C.S.C. Hon'ble Mrs. Sangeeta Chandra,J.
1. Heard the learned counsel for the petitioner.
2. The petitioner has filed this writ petition challenging the order dated 04.09.2019 passed by the Chief Medical Officer, Firozabad directing the petitioner to vacate the accommodation that has been occupied by her within the campus of District Joint Hospital, Shikohabad (Firozabad) and a direction has also been issued to the accounts clerk looking after payment of salary etc, to ensure that till such employees as have been mentioned in the order impugned, vacate the Quarters as aforesaid and pay the H.R.A. as well as Electricity bills for use of electricity, their dues/ salary be not drawn.
3. It has been submitted by the learned counsel for the petitioner that the petitioner is at serial no.8 of the said order issued by the C.M.O. It is the case of the petitioner that she is a widow and the only person in the family to take care of her mother. She was transferred to community health centre, Eka, District Etah, on personal request and was attached under the orders of Chief Medical Officer, Firozabad dated 19.05.2018 to the Primary Health Centre, Shikohabad till further orders. The petitioner was living in the quarters allotted to her within the campus of District Joint Hospital at Shikohabad at Firozabad and it will create undue hardship for her to shift to another accommodation. It is not disputed by the petitioner that she was transferred and attached on her own request to the Community Health Centre, Eka which Community Health Centre situated at Eka is a different campus altogether from the campus of the District Joint Hospital situated at Shikohabad (Firozabad). On the basis of such attachment order being passed by the C.M.O. she has managed to hold on to the quarters situated in District Joint Hospital, Shikohabad. In the instructions sent by the C.M.O., Shikohabad, it is evident that Smt. Laxmi Devi, the petitioner is one amongst several such employees who have been holding on to accommodation at Joint Hospital, Shikohabad even without any regular allotment.
4. The claim of the petitioner that she has been depositing rent and other electricity dues is also false as several recovery orders have been referred to in paragraph-3 of the said instructions dated 04.11.2019 issued on 24.08.2011, 15.10.2015, 11.10.2018 and 30.07.2019. Besides the aforesaid recovery orders issued from the Office of the C.M.O., several other letters have been referred to in paragraph-4 of the said instructions dated 16.08.2019, 04.09.2019 wherein she has been directed to vacate the accommodation, she has occupied illegally within the campus of Joint Hospital, Shikohabad. The Instructions referred to an inspection carried out on 17.06.2019 by the Commissioner and Director of Industries Promotions Directorate and on the basis of said instructions that were issued during the inspection efforts are being made by the C.M.O. Shikohabad (Firozabad) to get all illegal occupants of government quarters in Joint Hospital, Shikohabad (Firozabad).
5. The District Magistrate, Firozabad by his letter dated 07.09.2019 has also issued directions to the C.M.O. to take appropriate action. On 16.10.2019 all such directions were informed to the employees who were illegally occupying the quarters through proclamation made by beat of drum. Yet the petitioner has not found it appropriate to vacate the quarters. In the record that is available in the Office of the C.M.O., it is evident that for the past 10 years the petitioner has been occupying two quarters illegally within the campus of Joint Hospital, Shikohabad. From the enclosures pointed out by the learned Standing Counsel, it is also evident that the petitioner is not entitled for such accommodation within the Joint Hospital premises as is being occupied by her.
6. This Court, therefore, does not find any good ground to show interference in this writ petition.
7. Accordingly, this writ petition is dismissed.
Order Date :- 19.11.2019 C. MANI