Madhya Pradesh High Court
Smt. Jyoti Dubey vs The State Of Madhya Pradesh on 3 January, 2018
1
W.P Nos.18713/2017, 18733/2017 &
18882/2017
JABALPUR 03.01.2018
Shri Manas Mani Verma, Shri Arvind Kumar Tiwari
and Shri S. K. Tiwari learned counsel for the
petitioners.
Shri Mahendra Pateriya learned counsel for
respondent no.5.
Shri H. R. Naidu learned counsel for respondent no.6.
Shri S. M. Lal, learned Govt. Advocate for the respondent/State.
All these three petitions involve similar issues and, therefore, they are heard and decided concomitantly by this common order.
All the petitioners are working under the Chief Medical and Health Officer, Singrauli on various posts of Staff Nurse, Dresser, etc. The petitioners have filed these petitions being aggrieved by order dated 02.11.2017 passed by the respondent No.4 Civil Surgeon and Chief Hospital Superintendent, District Hospital Waidhan, District-Singrauli, whereby he has allotted government quarters available in the pool of the Health Department to various persons other than the petitioners.
According to the petitioners, the Health 2 Department of the Government has constructed several government quarters in Singrauli. It is stated that the petitioners had applied for the said quarters but no allotments of the quarters was made by the respondents. As is evident from the documents filed by the petitioners, the petitioners on their own forcefully entered into the quarters and occupied them. According to the petitioners they are in occupation of the Government quarters and the authorities are deducting house rent allowance from the salary of the petitioners on account of their occupation and the petitioners have also been paying the electricity bills in respect of the quarters occupied by them.
The petitioners submit that though several quarters are under occupation of the petitioners, the respondent authorities without looking into the aforesaid aspect have allotted the very same quarters that have been occupied by the petitioners, to other persons on the basis of seniority by the impugned order.
During the course of arguments, it is pointed out that the persons who have been allotted quarters, either have alternative accommodations in and around Singrauli or are junior to the petitioners and this aspect has neither been considered or taken note of 3 by the authority while issuing the impugned order of allotment dated 02.11.2017.
The petitioners submit that in such circumstances, the impugned order of allotment in respect of other persons dated 02.11.2017 be quashed and the petitioners be permitted to remain in occupation of the quarters that have been occupied by them. The petitioners have prayed for a further direction to the respondent authorities to issue allotment orders in favour of the petitioners.
At the very outset, it is observed that it is an admitted and undisputed fact, which is evident from the documents filed by the petitioners themselves and the applications made by them before the authorities, that the petitioners have not been allotted any Government quarter and that they have occupied the same on their own forcefully and are, therefore, in fact encroachers.
We are also of the considered opinion that in view of the aforesaid admitted fact mere payment of electricity bills or deduction of house rent allowance from the salary does not amount to nor can it be construed to mean that the respondent authorities have allotted the quarters to them or that there is a deemed permission of the authority concerned in favour of the petitioners to permit them to occupy 4 these quarters in question.
In the facts and circumstances of the case we are of the considered opinion that the petitioners, being illegal occupants and encroachers, who have forcefully taken possession of Government quarters cannot be permitted to remain in occupation of the same.
It is however, observed that the respondent authorities have issued the impugned orders dated 02.11.2017 making allotment of the quarters on the basis of seniority. Once the State has issued instructions which are in the form of rules governing allotment of Government quarters, we are unable to appreciate as to how the respondent authorities have gone about the process of allotment without following or implementing the rules/instructions issued by the State Government relating to allotment of Government quarters.
There is nothing on record to indicate that the persons who have been allotted quarters had actually applied for the same. The respondent/State, inspite of being given opportunity, has not placed anything on record to indicate that the seniority list of the applicants for Government quarters has been prepared in accordance with the date of the application filed by the employees or as to whether the persons who have been allotted quarters had ever 5 applied for the same. There is nothing on record to indicate that the respondent authorities have applied their mind to the necessary qualifications prescribed under the instructions of the public rules regarding availability of alternative accommodation, etc. before undertaking exercise of issuing the order of allotment dated 02.11.2017.
In such circumstances, while we are of the considered opinion that the petitioners are illegal occupants of Government quarters and cannot be permitted to occupy the same in the manner in which they have done, at the same time, we are also of the considered opinion that the district level authorities, including the Collector and others, have to follow the procedure prescribed by the State for making allotment of the Government quarters and charging rent thereof.
In the circumstances, the petitions filed by the petitioners is disposed of with the following directions:
(i) That the petitioners shall immediately give an undertaking before the respondent authorities within a week from today that they shall vacate the premises and Government quarters occupied by them within one month from today.
(ii) That the respondent authorities, 6 specifically the Collector, Singrauli and the Chief Medical and Health Officer, Singrauli shall immediately undertake the exercise of making allotment of the Government quarters to the employees of the Heath Department working at Singrauli strictly in accordance with the provisions of the instructions and the rules relating to allotment of Government quarters issued by the State Government.
(iii) Looking to the fact that the issue is pending before the authorities since the last more than two years and that it relates to allotment of the quarters which have to be finalized emergently, it is directed that the aforesaid exercise shall be completed by the respondents No. 2, 3 and 4 within a period of one month from today.
(iv) It is made clear that the respondents No. 2, 3 and 4 while undertaking and completing this exercise would take into consideration all the relevant aspects and issues raised by the petitioners including availability of alternative accommodation with the persons who have been allotted quarters. The dispute relating to the seniority as well as the relevance of seniority for the purposes of making allotment 7 of Government quarters and preparing a list of the persons desirous of allotment on the basis of the date of application for allotment shall also be taken into consideration.
(v) All other relevant factors and issues raised by the petitioners and others would also be considered and taken into account by respondents No.2 and 3 while undertaking the aforesaid exercise.
The petitions filed by the petitioners are, accordingly, disposed of with the aforesaid directions.
Certified copy today.
(R.S. Jha) (Nandita Dubey)
Judge Judge
Kundan
Digitally signed by KUNDAN SHARMA
KUNDAN
DN: c=IN, o=HIGH COURT OF MADHYA
PRADESH JABALPUR,
postalCode=482001, st=Madhya Pradesh, 2.5.4.20=1f220ec9be4d68b289abfc4ca47 381987daae15f1fbc2097547f69816fe645 SHARMA 50, serialNumber=3fed5ad1b6d15d470970c6 ae7225c2646493834e22194644d28638fc 28bd6ec3, cn=KUNDAN SHARMA Date: 2018.01.04 13:18:38 +05'30'