Neutral Citation No. - 2025:AHC-LKO:3966 Court No. - 6 Case :- WRIT - A No. - 759 of 2025 Petitioner :- Deepti Mishra Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Medical Health And Family Welfare Lko. And 4 Others Counsel for Petitioner :- Jayant Pratap Singh Counsel for Respondent :- C.S.C. Hon'ble Alok Mathur,J. 1. Heard Shri Jayant Pratap Singh, learned counsel for petitioner, learned Standing Counsel for the State and perused the material available on record. 2. It has been submitted by learned counsel for petitioner that the petitioner was appointed on the post of Medical Officer Homeopathy in the year 2010 and was transferred to Homeopathic Department, District Department, District Hospital Raebareli. While working at Raebareli, there was a matrimonial dispute, due to which the petitioner is living separately and had moved an application to the Chief Medical Officer District Raebareli for grant of official accommodation, the Chief Medical Officer, Raebareli after considering the said representation by means of order dated 18.01.2022 allotted official accommodation i.e. House No. IV/4. Subsequently, it was realized that the petitioner was a contract employee and terms and condition of service did not include providing of an official accommodation meant for regularly appointed Medical Officers and consequently, an oral request was made by the Chief Medical Officer, Raebareli to the petitioner to vacate the said premises. When the petitioner did not comply with the oral directions, order dated 30.08.2023 has been passed recording the aforesaid facts and stating that the petitioner is not entitled to be allotted a government accommodation and accordingly, she has been asked to vacate the said official accommodation. The said order also states that the petitioner has instituted a civil suit in the court of Civil Judge (Senior Division) being Suit No. 124 of 2023 where no interim injunction has been granted in favour of the petitioner till date. 3. Learned counsel for petitioner has submitted that the petitioner has a four year's child and has also purchased some property in Raebareli, which is being refurnished, and accordingly submits that the petitioner is ready and willing to vacate the said premises and some reasonable time may be given for the said purpose. 4. Learned Standing Counsel has opposed the writ petition and submits that the terms and conditions of the appointment of the petitioner which was a contract basis does not include the allotment of official accommodation. He further submits that the petitioner was occupying the public premises unauthorizedly and submits that there is no infirmity in the order dated 30.08.2023 asking the petitioner to vacate the official accommodation. 5. Considering the aforesaid submissions of learned counsel for parties, this Court is of the considered opinion that there is no doubt that the petitioner is an unauthorized occupant in the said official accommodation considering the fact that though the petitioner was allotted the said accommodation under the order of the Chief Medical Officer, Raebareli but the said order was clearly illegal, arbitrary and without jurisdiction, inasmuch as, he could not have allotted the said accommodation in favour of the petitioner, who was not entitled for the same. The allotment of a government accommodation is subject to service rules and conditions and it is not at the discretion of the allotting authority. When this fact came to the knowledge of the competent authority that the allotment has been made contrary to the rules, the petitioner was asked to vacate the same. 6. Considering the fact that the petitioner has fairly stated that she is ready and willing to vacate the said premises, if some reasonable time is granted. Accordingly, six weeks' time is granted to the petitioner from today to vacate the said premises and hand over the vacant possession to respondent no. 5. In case the petitioner does not vacate the aforesaid premises within the time prescribed, the respondents shall be at liberty to vacate the said premises in accordance with law. 7. It is further provided that in case the petitioner vacate the said premises as per direction issued by this Court, then the respondents shall consider the grievance of the petitioner with regard to the payment of honorarium and pass necessary orders in accordance with law expeditiously not less than four weeks from the date of vacation of the said house. 8. Subject to aforesaid observations/directions, this writ petition is disposed of. . (Alok Mathur, J.) Order Date :- 21.1.2025 Virendra Digitally signed by :- VIRENDRA KUMAR GUPTA High Court of Judicature at Allahabad, Lucknow Bench