# Ramesh Chandra Verma v. Director of Education (Secondary) U.P. Prayagraj & Ors

- **Citation:** (2020) 6 ILRA 702
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2019-07-18
- **Case number:** Civil Misc. Writ Petition No. 1439 of 2020
- **Bench:** Surya Prakash Kesarwani
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/ramesh-chandra-verma-v-director-of-education-secondary-u-p-prayagraj-ors-45789
- **Pages:** 9

## Headnote

C.S.C., Sri Vivek Yadav

A. Intermediate College - Government
Residential Quarter - Illegal Encroachment -
Policy for occupation - Directions issued - All
the
concerned
officers
of
the
State
6 All. Ramesh Chandra Verma Vs. Director of Education (Secondary) U.P. Prayagraj & Ors. 703
Government shall ensure strict compliance of
the aforequoted Government Order dated
25.2.2020 - No officer or employee shall be
allowed
to
overstay
in
a
Government
accommodation after his retirement / transfer
/ dismissal from service / resignation etc.,
beyond
the
period
prescribed
in
the
aforequoted
Government
Order
dated
25.2.2020. (Para 6)
Writ Petition disposed off (E-1)

## Text

702 INDIAN LAW REPORTS ALLAHABAD SERIES
that is the stage and date when it is
granted
by
whatever
notifications,
memorandums which are available and
applicable at that stage laying down such
rules regarding pay protection..."

17. In the instant case also, the writ
petitioner,
having
accepted
the
appointment pursuant to an appointment
order
dated
20.09.2016,
issued
subsequent to the government orders
dated 24.09.2015 and 08.07.2016, would
be governed in terms of the policy
guidelines under the said government
orders and his claim for entitlement for
pay protection would be as per the terms
thereof.

18. The appointment of the
petitioner having been made pursuant to
selection based on direct recruitment in an
open competition on the recommendation
made by the Commission consequent to
an advertisement, he would not be
entitled to pay protection as per terms of
the policy of the State Government under
the government order dated 24.09.2015.
The aforesaid position stands further
clarified in terms of the subsequent
government
order
dated
08.07.2016
whereunder it is provided that the matters
relating to pay protection in respect of
appointments made after 24.09.2015
would be governed as per the terms of the
Government Order of the said date.

19. Counsel appearing for the
respondent has not been able to dispute
the aforesaid factual position with regard
to the writ petitioner having not accepted
the earlier appointment order dated
26.08.2015 in terms of which he had been
appointed as Lecturer at the Medical
College, Azamgarh, and that it was only
pursuant to the subsequent appointment
order dated 20.09.2016 that the petitioner
accepted the offer of appointment and
joined the post of Lecturer at the Medical
College, Jhansi, on 07.10.2016.

20. The above being the undisputed
factual position, we have no hesitation in
coming to the conclusion that the
judgment dated 18.07.2019 passed by the
learned Single Judge has proceeded on a
wrong factual premise, and, therefore,
cannot be sustained, and accordingly the
same is set aside.

21. The Special Appeal is, therefore,
allowed.

22. The writ petition stands
dismissed.
----------
(2020)06ILR A702
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 26.02.2020

BEFORE
THE HON'BLE SURYA PRAKASH
KESARWANI, J.

Civil Misc. Writ Petition No. 1439 of 2020
Connected with
Writ A No. 1115 of 2020

Ramesh Chandra Verma ...Petitioner
Versus
Director of Education (Secondary) U.P.
Prayagraj & Ors. ...Respondents

Counsel for the Petitioner:
Sri Adarsh Singh, Sri Indra Raj Singh.

Counsel for the Respondents:
C.S.C., Sri Vivek Yadav

A. Intermediate College - Government
Residential Quarter - Illegal Encroachment -
Policy for occupation - Directions issued - All
the
concerned
officers
of
the
State
6 All. Ramesh Chandra Verma Vs. Director of Education (Secondary) U.P. Prayagraj & Ors. 703
Government shall ensure strict compliance of
the aforequoted Government Order dated
25.2.2020 - No officer or employee shall be
allowed
to
overstay
in
a
Government
accommodation after his retirement / transfer
/ dismissal from service / resignation etc.,
beyond
the
period
prescribed
in
the
aforequoted
Government
Order
dated
25.2.2020. (Para 6)
Writ Petition disposed off (E-1)
(Delivered by Hon'ble Surya Prakash
Kesarwani, J.)

1. Heard Sri Indraraj Singh, learned
counsel for the petitioners and Sri
Shailendra
Singh,
learned
standing
counsel for the State respondents.

2. The petitioners are teachers in
Government Inter College, Prayagraj.
They have been allotted residential
quarters in the campus of Government
Inter
College,
Prayagraj
meant
for
residences of teachers, but the quarters
were illegally occupied by the private
respondents.
Despite
representations
made by the petitioners, the aforesaid
residential quarters were not vacated.
Therefore, the petitioners have filed the
present two writ petitions. In the leading
Writ-A No. 1439 of 2020, this Court
passed the following order on 31.1.2020:-

"Heard Sri Adarsh Singh, learned
counsel for the petitioner, Sri Shailendra
Singh, learned standing counsel for the
respondent nos. 1 to 5 and Sri Vivek
Yadav, learned counsel for the respondent
no. 6.

Briefly stated facts of the present
case are that the petitioner is an Assistant
Teacher in Government Inter College,
Prayagraj. By order dated 16.5.2017, the
government
residential
quarter
for
teacher being Quarter No. C-1 was
allotted to him by competent Authority i.e.
the respondent no. 4. The aforesaid
quarter has been illegally occupied by the
respondent no. 6 who was working as
Sahitiyak Sahayak Madhyamik Shiksha
Parishad,
Prayagraj.
Since,
the
respondent no. 6 was not vacating the
aforesaid illegally occupied government
residential
quarter,
therefore,
the
petitioner moved a representation dated
3.6.2017
before
the
Secretary
(Secondary) Education, Government of
U.P. who issued a direction dated
3.7.2017 to the respondent no. 1 directing
that the possession of the allotted
government residential quarter be given
to the petitioner within one month and
report be submitted within a week.
Thereafter,
Additional
Director
of
Education (Madhyamik), Allahabad sent
a letter dated 25.8.2017 to the District
Magistrate, Allahabad and Nagar Ayukta,
Nagar Nigam, Allahabad requesting for
removal of encroachments from the
government land by certain unsocial
elements who have constructed shops in
the campus of Government Inter College,
Prayagraj and also requested to remove
illegal
occupants
from
government
residential quarter Nos. C-1 and C-6.
Similar request was made by the Director
of
Education
(Madhyamik),
U.P.,
Allahabad to the District Magistrate,
Allahabad vide letter dated 25.10.2017.

It
appears
that
somehow
the
respondent
no.
6
obtained
some
favourable letter from the Joint Director
of
Education,
Prayagraj
Region,
Prayagraj, but it was also cancelled by
the said Joint Director of Education vide
his letter No. 3854-55 / 2019-20 dated
17.8.2019. It further appears that the
respondent no. 6 has also removed some
old trees from government residential
quarter no. C-1, and therefore, the
704 INDIAN LAW REPORTS ALLAHABAD SERIES
Principal
of
the
Government
Inter
College, Prayagraj wrote a letter No.
803-05 dated 20.8.2019 to the respondent
no. 6 to deposit the value of the trees and
also vacate the government residential
quarter.

The
Additional
Director
of
Education (Madhyamik), U.P., Prayagraj
has also apprised the Joint Director of
Education, Prayagraj and the District
Magistrate, Prayagraj vide letter No.
391-97 dated 22.8.2019 about an order of
this Court and to get vacate the
government residential quarter, illegally
occupied by the respondent no. 6. The
Director of Education (Madhyamik),
U.P., Prayagraj also wrote a letter no.
509 dated 6.9.2019 to the Secretary
Madhyamik
Shiksha
Parishad
for
stopping the salary of the respondent no.
6 and to initiate disciplinary proceedings
against her for illegal occupation of the
government residential quarter and for
disobedience of the Government Orders.

It appears that in the meantime, the
respondent no. 6 filed a Writ-A No. 14176
of 2019 which was disposed of by order
dated 24.9.2019 directing the Director of
Education
(Secondary)
to
pass
an
appropriate order in accordance with law
within 15 days. It appears that pursuant
to the aforesaid order of this Court, the
Director of Education (Secondary) passed
an order dated 12.12.2019 holding that
the respondent no. 6 is in illegal
occupation of the government residential
quarter in the campus of Government
Inter College, Prayagraj which is meant
for teachers. Therefore, the Principal of
the Government Inter College, Prayagraj
again wrote a letter no. 1592-99 dated
17.12.2019 to the respondent no. 6
followed
by
letter
dated
7.1.2020
directing the respondent no. 6 to vacate
the government residential quarter in
question and to hand over its vacant
possession, but the respondent no. 6 did
not obey it. The petitioner has also made
representation
before
the
District
Magistrate, Prayagraj (respondent no. 5)
and the Principal of the Government Inter
College, Prayagraj, but nothing has been
done and the respondent no. 6 is
continuing in illegal occupation of the
government residential quarter.

In Writ-A No. 18253 of 2019 (Rakesh
Kumar Vs. Principal, Government Inter
College, Prayagraj & 4 others), this
Court considered similar controversy
with respect to a residential quarter
situate in the same Government Inter
College, Prayagraj and following the law
laid down by Hon'ble Supreme Court in
several judgments, issued the following
directions:-

"14. In the present case, since the
accommodation
has
now
been
got
vacated from the respondent No.5 and the
allottee has been given possession of the
allotted
Government
Accommodation,
therefore, this writ petition is disposed of
and the following directions are issued
which shall be strictly complied with by
the State Government:-

(i) The State Government shall
ensure compliance of the directions of
Hon'ble Supreme Court in the case of
S.D. Bandi (supra) and take immediate
action against
all
such
employees/
officers who are unauthorisedly over
staying in a Government Accommodation
after their retirement or transfer.

(ii) Necessary action shall be taken
by competent authorities in the State of
Uttar
Pradesh
against
such
Employees/Officers
who
are
unauthorisidely
over
staying
in
Government
allotted
accommodation
after their retirement or transfer (as
suggested by Hon'ble Supreme Court in
6 All. Ramesh Chandra Verma Vs. Director of Education (Secondary) U.P. Prayagraj & Ors. 705
the case of S.D. Bandi's case and directed
to be implemented in Vimal Bhai case).

(iii) The State Government shall
frame and adopt a uniform policy within
two months from today, if not framed so
far, for granting extension to retain the
Government
accommodation
beyond
prescribed limit and shall strictly adhere
to it.

(iv) The State Government shall call
for information from all the District
Authorities in the State of Uttar Pradesh
within two months from today about the
Officers
and
Employees
who
are
unauthorisedly over staying or retaining
the Government accommodation beyond
prescribed limit, after their retirement or
transfer. Within next one month, the State
Government shall ensure that all such
Government
accommodation
being
illegally or unauthorisedly occupied by
retired/transferred
Employees
and
Officers are vacated immediately. In the
event, any inaction is shown by any
authority, the State Government shall
ensure that necessary action is also taken
against such authorities.

15. With the aforesaid directions this
writ petition is disposed of.

16. Let a copy of this judgment be
sent by the Registrar General of this
Court to the Chief Secretary, Government
of Uttar Pradesh for necessary action and
compliance."

It appears that neither the District
Magistrate,
Allahabad,
nor
the
departmental officers of U.P. Secondary
Education Department, nor the Chief
Secretary of the State of U.P. have made
any effort to obey and implement the
statutory provisions, the judgment of
Hon'ble Supreme Court and a clear
direction given by this Court by order
dated 28.11.2019 in the case of Rakesh
Kumar (supra). The matter is serious and
requires action to be taken against the
State Authorities who prima-facie failed
to discharge their duties.

Let a report be submitted by the
Chief Secretary of State of U.P. before the
next date fixed with respect to the
compliance of the directions of this Court
in the case of Rakesh Kumar (supra). The
District Magistrate, Prayagraj and the
Director
of
Education
(Secondary),
Prayagraj shall show cause for non
compliance of the order of this Court in
the case of Rakesh Kumar (supra).

Put up in the additional cause list on
5.2.2020.

If before the next date fixed, the
residential quarter in question is not got
vacated and steps for removal of
encroachments
in
the
campus
of
Government Inter College, Prayagraj are
not
taken
by
all
the
Authorities
concerned, then the respondent nos. 1, 3
& 5 shall remain personally present
before this Court.

This order shall be communicated by
the learned Chief Standing Counsel to the
respondent nos. 1, 3 & 5 within 24
hours."

3. This Court also took note of the
order passed in Writ-A No. 18253 of
2019 (Rakesh Kumar Vs. Principal
Government Inter College, Prayagraj & 4
others) in which directions were issued to
the State Government to frame a policy
for occupation of government residential
quarters.

4. Today, an affidavit of Sri
Rajendra Rajendra Kumar Tiwari, Chief
Secretary, State of Uttar Pradesh dated
26.2.2020 has been filed. In paragraph 5
of the affidavit, the Chief Secretary has
stated as under:-
706 INDIAN LAW REPORTS ALLAHABAD SERIES

"5. That since matter is relates to the
policy decision and many Departments of
the State Government are involved, a
meeting was convened on 20.2.2020
under the Chairmanship of the Chief
Secretary along with all Additional Chief
Secretaries / Principal Secretaries /
Secretaries
and
thereafter
following
decision has been taken:-

I.
That
through
a
letter
No.
232/15.2.2020 dated 20.2.2020 issued by
Secondary
Education
Department
(Section-2)
information
from
all
Additional Chief Secretaries / Principal
Secretaries / Secretaries and District
Magistrates of the Districts have been
called for regarding illegal occupation of
government residential accommodations
with the direction to provide a list of the
aforesaid unauthorised occupants and
also action taken by the authorities
against the employees who had not
vacated
the
government
residential
accommodations
and
in
pursuance
thereof information has been furnished by
different Departments under a prescribed
proforma.
A
copy
of
letter
No.
232/15.2.2020 dated 20.2.2020 issued by
Secondary Education Section-2 and copy
of the information as submitted by
different
departments
regarding
unauthorised occupants on government
residential accommodations are being
annexed
herewith
and
marked
as
Annexure Nos. 2 & 3 respectively to this
compliance affidavit.

II. That in pursuance of the aforesaid
letter dated 20.2.2020 which has been
issued by the Department of Secondary
Education Section-2, a direction was
issued to the Principal Secretary of
Public Works Department, State of U.P.
Lucknow to prepare and implement a
general allotment policy of government
residential
accommodation
to
the
Government servant and employees of the
State of U.P. And the said policy will be
applicable to all the administrative
departments of Government within State
of U.P. The residential allotment policy
has
been
issued
vide
G.O.
dated
25.2.2020
with
the
Public
Works
Department of the Government of U.P.
For
residential
buildings
/
accommodations of Estate Department.
Policy is being annexed here with and
marked as Annexure No. 4 of this
compliance affidavit.

III. That as regards unauthorised
occupants
within
the
premises
of
Government Inter College, Prayagraj, it
is submitted that in pursuance of the
order passed by this Hon'ble Court on
5.2.2020 in the present writ petition, all
unauthorised possession which were
occupied by the different persons have got
been vacated and immediate action for
eviction of all unauthorised occupations
of
government
residential
accommodations in other Districts of the
State of U.P., legal action is under way. A
copy
of
eviction
of
unauthorised
occupants in the premises of Government
Inter College, Prayagraj is being annexed
herewith and marked as Annexure No. 5
to this compliance affidavit.

IV. That since the order of this
Hon'ble Court could not be complied with
by the authorities within time, explanation
of the responsible officer namely Sri
Vinay
Kumar
Pandey,
Director
of
Secondary Education and Sri Divya Kant
Shukla, Joint Director of Education,
Prayagraj Division, Prayagraj has been
called for. Letters have been issued on
22.2.2020 to both the aforesaid officers
namely
Sri
Vinay
Kumar
Pandey,
Director of Secondary Education and Sri
Divya Kant Shukla, Joint Director of
Education,
Prayagraj
Division,
6 All. Ramesh Chandra Verma Vs. Director of Education (Secondary) U.P. Prayagraj & Ors. 707
Prayagraj are being annexed herewith
and marked as Annexure Nos. 6 & 7
respectively to this compliance affidavit."

5.
The
policy
decision
being
Government
Order
No.
13@2020@299@23&5&20&6 1⁄4lk01⁄2@2020 has
been filed which is reproduced below:-

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14. In the present case, since the
accommodation
has
now
been
got
vacated from the respondent No.5 and the
allottee has been given possession of the
allotted
Government
Accommodation,
therefore, this writ petition is disposed of
and the following directions are issued
which shall be strictly complied with by
the State Government:-

(i) The State Government shall
ensure compliance of the directions of
Hon'ble Supreme Court in the case of
S.D. Bandi (supra) and take immediate
action against
all
such
employees/
officers who are unauthorisedly over
staying in a Government Accommodation
after their retirement or transfer.

(ii) Necessary action shall be taken
by competent authorities in the State of
Uttar
Pradesh
against
such
Employees/Officers
who
are
unauthorisidely
over
staying
in
Government
allotted
accommodation
after their retirement or transfer (as
suggested by Hon'ble Supreme Court in
the case of S.D. Bandi's case and directed
to be implemented in Vimal Bhai case).

(iii) The State Government shall
frame and adopt a uniform policy within
two months from today, if not framed so
far, for granting extension to retain the
Government
accommodation
beyond
prescribed limit and shall strictly adhere
to it.

(iv) The State Government shall
call for information from all the District
Authorities in the State of Uttar
Pradesh within two months from today
about the Officers and Employees who
are unauthorisedly over staying or
retaining
the
Government
accommodation
beyond
prescribed
limit, after their retirement or transfer.
Within next one month, the State
Government shall ensure that all such
Government
accommodation
being
illegally or unauthorisedly occupied by
retired/transferred
Employees
and
Officers are vacated immediately. In the
event, any inaction is shown by any
authority, the State Government shall
ensure that necessary action is also
taken against such authorities.
708 INDIAN LAW REPORTS ALLAHABAD SERIES

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6 All. Ramesh Chandra Verma Vs. Director of Education (Secondary) U.P. Prayagraj & Ors.
709
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710 INDIAN LAW REPORTS ALLAHABAD SERIES
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25-2-2020
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6. Since illegal occupation of
residential quarters and other illegal
encroachment
in
the
premises
of
Government Inter College, Prayagraj are
stated to have been removed by the State
respondents, therefore, I do not find any
good reason to proceed further in this writ
petition. Therefore, this writ petition is
disposed
off
with
the
following
directions:-

(i) All the concerned officers of the
State Government shall ensure strict
compliance
of
the
aforequoted
Government Order dated 25.2.2020.

(ii) In terms of the aforequoted
Government
Order,
no
officer
or
employee shall be allowed to overstay in
a Government accommodation after his
retirement / transfer / dismissal from
service / resignation etc., beyond the
period prescribed in the aforequoted
Government Order dated 25.2.2020.

(iii) The State Government shall call
for information from all the District level
Authorities of all departments in the State
of Uttar Pradesh within two months from
today about the Officers and Employees
who are unauthorisedly over staying or
illegally
occupying
or
retaining
Government accommodation. Within next
one month, the State Government shall
ensure
that
all
such
Government
accommodation
being
illegally
or
unauthorisedly occupied, are vacated. In
the event, any inaction is shown by any
officer
or
employee,
the
State
Government shall ensure that necessary
action is also taken against such officer or
employee.

(iv) The respondent no. 3 shall take
all steps to provide good educational
atmosphere and quality education in the
Government Inter College, Prayagraj to
restore the old glory of the said College.

7. Let a copy of this order be sent by
the Registrar General of this Court to the
Chief Secretary, Government of Uttar
Pradesh, Lucknow and to the Additional
Chief Secretary / Principal Secretary,
Secondary Education, Government of
Uttar Pradesh, Lucknow, for necessary
action.
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(2020)06ILR A710
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 01.05.2020

BEFORE
THE HON'BLE MRS. SUNITA AGARWAL, J.
THE HON'BLE ANJANI KUMAR MISHRA, J.
THE HON'BLE DR. YOGENDRA KUMAR
SRIVASTAVA, J.

Civil Misc. Writ Petition No. 2071 of 2017
Connected with
Writ A Nos. 2073 of 2017, 2074 of 2017, 2075
of 2017, 5634 of 2011, Special Appeal No. 22
of 2019 and Special Appeal No. 23 of 2019

Manish Kumar Mishra, Constable No.
041742918 ...Petitioner
Versus
The Union of India & Ors. ...Respondents