Prem Kumari and Another vs U.T. Admn., Chandigarh and Others

The petitioners are admittedly daughters-in-law of the retired employees. The U.T., Chandigarh had introduced the scheme for allotment of out of turn accommodation to the wife/husband, son, unmarried daughter of the retired employees to remain in occupation of the allotted quarters on paying fixed rentals. Therein, initially, daughter-in-law was also included but later she was deleted from the category of the persons entitled to the out of turn allotment. It was challenged in the High court. In the impugned judgment in C.W. No. 10703 of 1990, dated 27/7/1993, the High court held that the deletion of daughter-in-law from the scheme is well justified. The correctness thereof is now assailed in these special leave petitions.

SHRI D.V. Sehgal, learned Senior Counsel for the petitioners contended that when son, unmarried daughter and wife/husband are treated as eligible for out of turn allotment, daughter-in-law, who became part of the house of father-in-law/mother-in-law, is also entitled to the parity of the treatment. We find no force in the contention. The government quarters are to be allotted on the basis of seniority and deviation should be on the basis of valid and discernible differentiation. Otherwise, it is open to challenge on the ground of invidious discrimination. Policy decision of the administration is that daughter-in-law is not entitled to parity of treatment. Under these circumstances, we find no justifiable reason warranting interference as we cannot sit over the policy and we find no merit in the contention. The special leave petitions are accordingly dismissed.