Phool Mati Goel vs State of U.P. and Others

D.S. Sinha, J.—Heard Shri G.C. Bhattacharya, learned Counsel for the Petitioner and Shri H.R. Mishra, learned Standing Counsel, representing the Respondents.

Smt. Phool Mati Goel, a Sub-Inspector of Police, the Petitioner, is in occupation of official quarter no 64 Type III, Police Lines at Allahabad. This accommodation was allotted to her while she was posted at Allahabad. She has been transferred from Allahabad to Lucknow and is serving there.

It cannot be disputed that she has no right to occupy the aforesaid quarter. However, we feel that she has a right to be dealt with in accordance with law.

She apprehends, and rightly so, that in view of the order dated 15th September, 1992, a copy of which is annexure ''3'' to the petition, she would be thrown out of the premises In question by force illegally.

The learned Standing Counsel, representing the Respondents contends that this Court should not intervene In the matter as the Petitioner does not have any legal right to retain the accommodation and, in any event, she being a Government servant and a member of a disciplined force is bound to carry out the orders of her superiors for vacating the quarter. There is force In the submission.

However, we feel it expedient in the interest of justice to direct the Respondents to act strictly in accordance with law In the matter of eviction of the Petitioner from the premises In question and it is so directed.

Subject to the observations and direction made above, the petition is disposed of finally.