Retired employee cannot be allowed to accommodate the premise allocated at the time of service: Jammu and Kashmir High Court

Jammu and Kashmir High Court: Instant Letters Patent Appeal was filed before a 2-Judge Bench comprising of Dhiraj Singh Thakur and Sanjay Kumar Gupta, JJ., where appellant’s plea to remain in the accommodation even after retirement which was allotted during his service was rejected.

Appellant was granted three months after retirement to use the accommodation but he failed to show any provision under which he could be allowed to stay in the premise even after retirement. A communication between Deputy Director of Estates (A-II), Government of India, and one Deep Kumar was referred where Deep Kumar was given permission to live in the premise after retirement and an order was given to use the accommodation until finalization and implementation of the policy with regard to the accommodation of migrants from the Kashmir Valley. Appellant contended that the said policy has not been finalized and thus he can hold the premise till its finalization.

The High Court was of the view that appellant’s accommodation cannot be extended as other employees who are in service would require the said accommodation. Since appellant was also unable to show why he should be allowed to live in the said premise the appeal was dismissed. [Piaray Lal Koul v. Union of India,2018 SCC OnLine J&K 568, order dated 06-08-2018]

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