J&K Public Premises Act | Employee’s Right To Retain Govt Accommodation Limited To One Month Post-Retirement: High Court Upholds Demand Of Rent

Case: Director, Estates Department, Jammu Vs Avtar Krishan

Coram: Justice Wasim Sadiq Nargal

Case No.: OWP No. 778/2014

Court Observation: “From a bare perusal of the regulations framed by the Government and also the provisions of Civil Services Regulation, it is manifestly clear that a Govt. employee on his retirement can retain govt. accommodation for a period of one month and thereafter, he has no right whatsoever to retain the same”.

“A bare perusal of the judgment passed by the appellate court reveals that the appellate court has not only exceeded its jurisdiction by upsetting the order passed by the higher court i.e., High Court but has also issued directions by quashing the impugned communication dated 24.4.2012, as if, the appellate court is exercising the power as a writ court exercising the power under Article 226 of the Constitution of India”.

“The learned Principal District Judge, Jammu could not have exercised the jurisdiction in the instant case where a superior court has already taken cognizance of the matter and has issued directions. The very initiation of proceedings by the learned Principal District Judge, Jammu in the instant case by invoking the powers under Section 12 of the Act of 1988 is nullity”

“The right of the respondent no. 1 to enjoy the Govt. accommodation ceased with his retirement from service and, therefore, he does not possess any right to keep govt. accommodation with him for all times to come and even after his retirement, when under rules he can retain govt. accommodation only for a period of one month after his retirement and thereafter, the accommodation is deemed to have been cancelled”.

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Keywords

J&K Public Premises Act, Jammu, Kashmir & Ladakh High Court