Uttarakhand High Court
Nidhi Pandey vs Chief Education Officer Almora And ... on 26 February, 2018
Author: Sudhanshu Dhulia
Bench: Sudhanshu Dhulia
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Writ Petition (M/S) No. 2452 of 2017
Nidhi Pandey ..........Petitioner
Versus
Chief Education Officer, District Almora & another
.........Respondents
Hon'ble Sudhanshu Dhulia, J. (Oral)
Mr. Vinay Kumar, Advocate present for the petitioner.
2. Mr. Anurag Bisaria, Standing Counsel for the State/respondent no.1.
3. Mr. Rakesh Negi, Advocate holding brief of Mr. Shivanand Bhatt, Advocate for respondent no. 2.
4. This writ petition has been filed by the petitioner seeking the following relief(s):-
"(i). Issue a writ, order or direction in the nature of mandamus directing the Chief Education Officer, Almora to take appropriate steps for getting the Type-2 Government accommodation vacated which has been illegally retained by the private respondent for last more than one year inspite of his transfer to District Bageshwar.
(ii). Issue a writ, order of direction in the nature of mandamus commanding and directing the Chief Education Officer to take steps for allotment of Type-2 accommodation in the premises of the office of the Chief Education Officer, Almora to the petitioner as per law/policy.
(iii). Issue a writ, order of direction in the nature of mandamus commanding and directing the Chief Education Officer, Almora to decide the representations of the petitioner for allotment of Government accommodation."2
5. Respondent no. 2 was posted as Senior Administrative Officer in the office of Chief Education Officer, Almora and was granted a Government accommodation at Almora. According to the petitioner, inspite of the fact that respondent no. 2 was transferred from District Almora to District Bageshwar in the year 2016, he has not vacated the Government accommodation at Almora.
6. Learned counsel for respondent no. 2 who is represented by Mr. Rakesh Negi, Advocate holding brief of Mr. Shivanand Bhatt, Advocate has given a statement before this Court, under instruction from his client, that respondent no. 2 shall vacate the Government accommodation on or before 30.04.2018.
7. In view of the above, the writ petition stands disposed with the direction to respondent no. 2 to vacate the Government accommodation on or before 30.04.2018. It is, however, made clear that before vacating the Government accommodation, respondent no. 2 shall give all his dues which are to be given for normal rent of the Government accommodation.
(Sudhanshu Dhulia, J.) 26.02.2018 Ankit/