Ramesh Chandra Tripathi vs State of Uttar Pradesh and Others

M. Katju and R.B. Mishra, JJ.—Petitioner has retired as Medical Officer (Ayurvedic) on 31.7.2001. He wants to retain the official accommodation in his possession till completion of a departmental proceeding against him or till disbursement of pension.

In our opinion, retention of the official accommodation and completion of any enquiry (or payment of pension) are separate issues. A retired Government official cannot insist on retaining the official accommodation till his pension is paid or enquiry completed.

Learned counsel for petitioner invited our attention in a case of Parmeshwar Shukla and Anr. v. Chancellor. Chandra Shekhar Azad University in Writ Petition No. 1729 of 1999, decided by Lucknow Bench of this Court on 8.12,1999.

We have perused the said judgment, copy of which is Annexure-13 to the writ petition. We are of the opinion that this judgment does not lay down any such legal proposition that a retired Government official is entitled to continue in possession of the official accommodation until he is paid his pension or till the enquiry is completed. In fact if it is held that a retired official is entitled to continue in possession of the official accommodation till payment of pension or completion of enquiry, his successor will have no place to live in. Hence, we do not agree with the submission of learned counsel for the petitioner.

Hence this petition is dismissed. However, we direct that the pension of the petitioner shall be finalised expeditiously preferably within two months from the date of production of a certified copy of this order before the authority concerned and payment accordingly must begin soon thereafter. The enquiry should also be completed expeditiously.