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2025 DAILYLAW 100465 (ALL)

RAJA RAM YADAV v. STATE OF U.P. AND 2 OTHERS

WRIA/14577/2025 · 2025-09-23

Ajit Kumar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 14577 of 2025 Court No. - 4 HON'BLE AJIT KUMAR, J. 1. Heard Sri Nira Tiwari, learned counsel for the petitioner and Sri Uday Singh Chandel, learned counsel for the respondents. 2. By means of the present writ petition filed under Article 226 of the Constitution of India the petitioner has prayed for a direction in the nature of mandamus commanding the respondent no.2 to permit the petitioner to retain the official accommodation in the Reserved Police Line, Prayagraj as his father is suffering from Paralysis and his house is under construction which is likely to be constructed within next six months. 3. Sri U. S. Chandel, learned Standing counsel on the contrary submits that once the petitioner has attained the age of superannuation in the year 2024, he cannot be permitted to retain the official accommodation at the normal rent which he has been paying He further submits that rules do not provide for continuance of a retired employee in an official accommodation for a longer period than the prescribed one. The petitioner may avail any rented house to accommodate himself but he cannot seek a writ of mandamus. 4. This Court is of the considered view that a writ of mandamus can only be issued in the circumstances where the authority is under statutory obligation to discharge said duty and which he does not or even a representation can be directed to be considered provided that representation contains a legal plea within the four corners of law. Since the petitioner could not place any provision which may permits a retired Versus Counsel for Petitioner(s) : Niraj Tiwari Counsel for Respondent(s) : C.S.C. Raja Ram Yadav .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) employee to retain official accommodation after expiry of six months after his retirement, I do not find it appropriate to issue any direction to the authority concerned. 5. No direction as such can be issued to bind the authority to permit the petitioner to retain the official accommodation. However, in the event the petitioner agrees to pay rent at commercial rate as per relevant provisions considering the special facts and circumstances that petitioner's father is suffering from Paralysis, the respondents may consider request of the petitioner to retain the official accommodation. 6. Petitioner is directed to make a fresh representation and also give an undertaking that he will vacate the official accommodation within a reasonable period of 3 to 4 months. In the event the petitioner makes such representation within two weeks the same shall be considered and disposed of by the competent authority within a further period of four weeks. September 24, 2025 AS WRIA No. 14577 of 2025 2 (Ajit Kumar,J.) Digitally signed by :- ABHISHEK SINGH High Court of Judicature at Allahabad