( 2025:HHC:17567 ) IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 9160/2025 Decided on: 04.06.2025 Narinder Singh …Petitioner Versus State of H.P. & Anr. ....Respondents. ………………………………………………………………………………. Coram Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1 For the petitioner : Mr. Suneel Awasthi, Advocate. For the respondents : Mr. L.N. Sharma, Additional Advocate General. Jyotsna Rewal Dua , J Petitioner’s grievance is to the decision conveyed by the respondent-Police Department under office communication dated 21.05.2025 (Annexure P-5) rejecting his request for allotting the Government family quarter in his possession to his wife. The petitioner has also questioned the direction issued to him by the respondents in the office communication dated 10.04.2025 (Annexure P-4) for vacating the aforesaid accommodation with imposition of penal rent in default. 1 Whether reporters of the local papers may be allowed to see the judgment? 2 ( 2025:HHC:17567 ) 2. Facts 2(i) Petitioner is serving in respondent-Police Department. Consequent upon his posting at Himachal Pradesh Police Training College (in short HPPTC) Daroh, he was allotted a Type-III Government family quarter at the said place of posting in November 2023. The allotment was made by the respondent-Police Department from the Government quarters under the Police Pool. 2(ii) Petitioner was transferred to Police Station Barsar, District Hamirpur, in January 2025. He was relieved from the H.P. Police Training College Daroh on 17.01.2025. The respondent- Police Department issued notice to the petitioner for vacating the accommodation provided to him. The petitioner did not vacate the accommodation. On 10.04.2025, the respondents again directed the petitioner to vacate the quarter allotted to him, as the respondents were facing acute shortage of family quarters at H.P. Police Training College Daroh. This was followed by another notice on 21.05.2025 directing the petitioner to vacate the premises and to pay penal charges for unauthorized possession of the accommodation. It is an admitted position that petitioner has not vacated the family quarter at HPPTC Daroh till date. 3. Learned counsel for the petitioner submitted that petitioner alongwith his family consisting of wife, two children and 3 ( 2025:HHC:17567 ) parents have been residing in the aforesaid accommodation; On 22.03.2025, petitioner represented to the Superintendent of Police, Police Training College Daroh, for allotting the accommodation in his possession to his wife on ‘out of turn basis’ in accordance with Himachal Pradesh Allotment of Government Residences (General Pool) Rules, 1994. Learned counsel further submitted that petitioner’s wife is serving as Lecturer (English) at Government Senior Secondary School Bhoda. The said school is 3.5 kms away from H.P. Police Training College Daroh, District Kangra. The respondents’ rejected petitioner’s representation for allotment of the accommodation in his possession in favour of his wife vide office letter dated 21.05.2025, hence the grievance. The petitioner has prayed for following substantive reliefs in this writ petition:- “(i) That writ of certiorari may kindly be issued to quash the impugned office order /letter dated 21.05.25 i.e. Annexure P-5 whereby the respondent No. 2 rejected the request of the petitioner for allotment of family quarter to the wife as per the provisions of Government Quarters (General Pool) Rules, 1994. (ii) That writ of certiorari may kindly be issued to quash office order dated 10.04.25 whereby the respondent No. 2 directed the petitioner to accommodation. (III) That the respondent may kindly be directed to reconsider the application of the petitioner for out-of-turn allotment of family quarter to the wife as per the provisions of General Pool Rules 1994.” 4 ( 2025:HHC:17567 ) 4. Pursuant to the order passed in this case on 02.06.2025, learned Additional Advocate General has placed on record office instructions dated 03.06.2025 from the Superintendent of Police, H.P. Police Training College Daroh, District Kangra. The said office instructions are to the effect that:-  The Government family quarters are allotted to the employees of the Police Department as per Punjab Police Rules (PPR) Form No. 3.20 and no license fee is recovered from Police employees (from rank of Constable to Inspector). Such allotment to police employees is made as per instructions/rules adopted by the Police Headquarters. Petitioner had also applied for family quarter under PPR Form No. 3.20 on 15.05.2023 to the Principal, H.P. Police Training College Daroh, after his posting at the said place. Upon consideration of his application, the petitioner was allotted the Government accommodation at H.P. Police Training College Daroh.  Allotment of accommodation to the petitioner at H.P. Police Training College Daroh, was subject to the certain terms and conditions including that allottee would not be allowed to retain the allotted Government residence over the permissible retaining period i.e. two months, in case of transfer outside the station, or else penal rent becomes chargeable from the allottee. 5 ( 2025:HHC:17567 )  Petitioner was transferred from H.P. Police Training College Daroh, District Kangra to Barsar, District Hamirpur. He was accordingly relieved on 17.01.2025. Despite issuing him notices on 28.03.2025, 10.04.2025 & 21.05.2025, neither he vacated the accommodation nor paid the penal rent.  The Government accommodation at H.P. Police Training College Daroh, is meant specifically for the staff of Police Training College Daroh, who are engaged to facilitate the trainees and perform duties from early morning hours to late night everyday and are also required to discharge law and order duty whenever required.  There are several Police employees at H.P. Police Training College Daroh, waiting for allotment of police accommodation. Respondent is already facing shortage of accommodation.  Petitioner’s parental house is at Village Utrehr, Post Office Bhawarna, Tehsil Palampur, District Kangra, H.P., which is about 7 kms from H.P. Police Taining College Daroh. Government Senior Secondary School Bhoda, where petitioner’s wife is serving as Lecturer (English) is at about 10 kms from petitioner’s parental house. 6 ( 2025:HHC:17567 ) 4. Consideration 4(i) The sole contention urged by learned counsel for the petitioner is that accommodation allotted to the petitioner at H.P. Police Training College Daroh, should be allotted to petitioner’s wife on ‘out of turn’ basis in view of Genera Pool, Rules, 1994 more specifically Rule 8(3) thereof, which reads as under:- “8. Ad hoc allotment on out of turn basis.—Notwithstanding the provisions of rule-7, ad hoc allotment on out of turn basis may be made by the House Allotment Committee to an officer/official on the following grounds:- (1)-(2) …………………………. (3) In the event of transfer, deputation on foreign services sponsored by the Government and study leave of more than one year of an allottee, to the spouse of such employee according to his/her entitlement in case the spouse is in Government service and posted at the same station……...” Learned Additional Advocate General submitted that though (General Pool) Rules 1994 are not applicable to the case in hand but even otherwise in view of following Rule 8(8) of the General Pool, Rules 1994, petitioner’s wife being posted in near vicinity of her home, cannot be allotted Government accommodation:- (8) Notwithstanding anything contained in sub-rules(1) to (7), an officer/official who owns a house either in his own name or in the name of any member of his family at or near the station of his/her posting, shall not be eligible for ad hoc allotment on out of turn basis.” 7 ( 2025:HHC:17567 ) Learned Additional Advocate General has also drawn attention to following Rule 3.20 of Punjab Police Rules,1934 under which, the accommodation in question was allotted to the petitioner:- “3.20. Allotment of quarters and grant of house rent allowances to constables. Constables and Head Constables stationed at headquarters of districts, desiring Government family quarters or house rent in lieu thereof, shall apply in writing to the Superintendent of Police stating where they are posted, the duty on which they are em-ployed, and the numbers of the members of their family to be accommodated. Such applications shall be forwarded through their immediate superior officer, not below the rank of sub-inspector, who shall endorse his recommendations. Such applications, if not refused, shall be acknowledged, filed and entered serially as received, in a register which shall be maintained in Form 3.20.” 4(ii) This petition is wholly misconceived. Petitioner seeks allotment of the accommodation provided to him under the Punjab Police Rules (PPR) by the Police Department, in favour of his wife on ‘out of turn’ basis under the Himachal Pradesh Allotment of Government Residences (General Pool) Rules, 1994. The documents in the writ file and the instructions placed on record by the respondents make it quite evident that General Pool, Rules 1994 are applicable for allotment of Government Residences, which 8 ( 2025:HHC:17567 ) are distinct from Government family quarters allotted by the respondents at H.P. Police Training College Daroh, District Kangra. The Government accommodation at H.P. Police Training College Daroh is allotted specifically to police employees posted at the said Police Training College and cannot be allotted to petitioner’s wife, who is serving as Lecturer (English) in the State Education Department. The respondents in the instructions have clearly stated that H.P. Police Department has Police Pool Accommodation and adopts the procedure of Punjab Police Rules for allotment of their accommodation. Petitioner was also allotted the accommodation in question under PPR Form 3.20. That there is separate procedure laid down under General Pool, Rules 1994 that governs allotment of Government family quarters from the General Pool. In case, petitioner is desirous for getting a Government quarter for his wife under the General Pool Rules 1994, he is required to move an application to the concerned Deputy Commissioner as per the procedure prescribed in General Pool, Rules 1994. Accommodation in H.P. Police Training College Daroh is not of General Pool, but is meant for police personnel posted there & is constituent of Police Pool Accommodation. Incidentally, petitioner’s wife is not even a petitioner in the instant case for whose benefit this petition has been filed. On account of petitioner’s transfer from H.P. Police Training College 9 ( 2025:HHC:17567 ) Daroh, District Kangra to Barsar District Hamirpur, he is liable to vacate the accommodation, which was provided to him, while he was posted at H.P. Police Training College Daroh. Since, the said accommodation is meant for the staff of H.P. Police Training College Daroh, therefore, the same cannot be allotted by the respondent- Police Department to petitioner’s wife, who serves the State Education Department. Accordingly, I find no merit in the instant petition and the same is dismissed. Pending miscellaneous applications, if any, shall also stand disposed of. Jyotsna Rewal Dua Judge 04th June, 2025 (rohit)