Neutral Citation No. - 2025:AHC:23391 Court No. - 6 Case :- WRIT - A No. - 18184 of 2024 Petitioner :- Head Constable Arun Kumar And Another Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Mohammad Umar Khan Counsel for Respondent :- C.S.C. Hon'ble Neeraj Tiwari,J. Heard Sri Mohd. Umar Khan, learned counsel for the petitioners and learned Standing Counsel for the State respondents. By means of this petition filed under Article 226 of the Constitution, petitioners have prayed for a direction to the respondent not to dispossess from the official accommodation in which petitioner s have continued to stay with their family ever since they were posted at the place of Kanpur Nagar. It is submitted by learned counsel for the petitioners that petitioners Nos. 1 and 2 have been transferred from the Kanpur Nagar to Lucknow Commissionerate under the orders dated 27.08.2024 and 18.06.2024 respectively and so now their family that stay in the accommodation are being harassed only for the reason that they have not vacated the official accommodation in question till date. Learned counsel for the petitioners submits that as per the office circular issued by the police department dated 21st November, 2016 vide its clause 4(1) if a transfer takes place in the mid of the academic session then the official accommodation shall be permitted to be retained at the end of the academic session. Learned Standing Counsel has sought to dispute the same on the ground that this relaxation is only granted in favour of those transferred employees whose wards are studying in class 9 or 11 and class 10 or 12. He submits that upon reading of both the provisions of sub-clause 1 and 2 together, the only intention seem to be to give benefit to only those police personnel whose wards are studying in classes 9 to 12. Having heard learned counsel for the respective parties and having perused the records, the interpretation as sought to be urged by the learned Standing Counsel does not appeal to reason. An employee whose son is studying in lower classes may face the same problems as faced by those parents whose sons and daughters are studying in higher classes. Like those in classes 10 and 12 will have to study in the same school, it is equally difficult for ordinary policeman to get his son or daughter admitted in a good and reputed school in mid session. Thus classification as is sought to be made cannot be said to be based upon any intelligible differentia. Under the circumstances, therefore, the Court is of the considered view that both the provisions even if taken to be together then it should be interpreted for the benefit of the employees. All those employees of the department whose wards are studying in any of the classes right from class 1 to class 12, if they are transferred in the mid session, they deserve to be permitted to retain their official accommodation till the end of the academic session. In the circumstances, therefore, I do not find any justification for the department to force the petitioners to vacate the official accommodation till at least 30th April, 2025. Petitioners are permitted to give an undertaking before the respondent concerned that they would be vacating the official accommodation in any case by 30th April, 2025 and if they do so within a period of two weeks from today, they will not be forced to vacate the official accommodation in question, nor shall be charged with any penalty or commercial rate of rent for retaining the official accommodation till the end of current academic session. However, the house rent allowance shall be deducted as per rules. With the aforesaid observations and directions, this petition stands disposed of. Order Date :- 18.2.2025 ADY Digitally signed by :- AMAR DEEP YADAV High Court of Judicature at Allahabad