CWP-10764-2020 CWP-897-2023 240 IN THE HIGH COURT OF PUNJAB AND HARYANA 1. CWP-10764 Pawan Kumar U.T.Chandigarh and Another 2. CWP-897 Narjit and Others U.T.Chandigarh and Another CORAM : HON'BLE Present: Mr. Gursimran Singh, Advocate for the petitioner. (in CWP Mr. Chanderhas Yadav, Advocate for the petitioner (in CWP Mr. Sumeet Jain, Advocate for the respondents. HARSIMRAN SINGH SETHI 1. In the 01.08.2010 (Annexure P accommodation (Annexure P-2), 2. Learned request for ‘Out of turn by the Chandigarh Administration 2020 (O&M) and IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -.- Date of Decision : 10764-2020 (O&M) VERSUS U.T.Chandigarh and Another 897-2023 (O&M) Narjit and Others VERSUS U.T.Chandigarh and Another CORAM : HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI Mr. Gursimran Singh, Advocate for the petitioner. (in CWP-10764-2020) Mr. Chanderhas Yadav, Advocate for the petitioner (in CWP-897-2023) Mr. Sumeet Jain, Advocate for the respondents. -.- HARSIMRAN SINGH SETHI, J. (Oral) In the present bunch of petitions, 01.08.2010 (Annexure P-11) by which out of turn allotment accommodation granted in favour of the petitioners has been cancelled. Learned counsel for the petitioners argues that once after considering ut of turn allotment’ of government accommodation by the Chandigarh Administration vide order dated 15.01.2019 (Annexure P -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision : 29.07.2025 ....Petitioner ....Respondents ....Petitioners ....Respondents HARSIMRAN SINGH SETHI Mr. Gursimran Singh, Advocate for the petitioner. Mr. Chanderhas Yadav, Advocate for the petitioners. Mr. Sumeet Jain, Advocate for the respondents. , the challenge is to the order dated ut of turn allotment of the government in favour of the petitioners vide order dated 15.01.2019 argues that once after considering of government accommodation, same was accepted vide order dated 15.01.2019 (Annexure P-2), the order dated of the government vide order dated 15.01.2019 argues that once after considering the was accepted , the TRIPTI SAINI 2025.08.02 14:27 I attest to the accuracy and integrity of this document CWP-10764-2020 CWP-897-2023 cancellation of the said allotment arbitrary and illegal hearing and hence turn basis should be restored said residence. 3. Upon notice of motion, action. 4. Learned counsel appearing on behalf of the respondents argues that the out of turn allotment 10% of the total pool and in the present case, the said breached, which a decision was taken that any house which, has been allotted beyond ceiling of an allotment will be allowed, otherwise the unoccupied houses allotted beyond 10% view the said decision taken petitioner on out of turn basis, which cancelled as the same had not been accepted 5. Learned counsel for the U.T.Chandigarh further submits that even otherwise, the petitioner grant of government accommodation petitioners already ha asking for a better accommodation and as per the Rule 11(2)( Rules, such applicants cannot claim if applicant had 2020 (O&M) and cancellation of the said allotment vide order dated 01.08.2019 (Annexure P arbitrary and illegal as same has been cancelled hence, the cancellation of allotment of the government house on out of is should be restored qua them and the petitioners Upon notice of motion, respondent have appeared and defended the Learned counsel appearing on behalf of the respondents argues that the turn allotment of government accommodation 10% of the total pool and in the present case, the said breached, which fact came to the notice of the authorities concerned ision was taken that any house which, has been allotted ceiling of 10% and has been occupied by the employee will be allowed, otherwise the unoccupied houses allotted beyond 10% ceiling on out of turn basis view the said decision taken by the authorities concerned petitioner on out of turn basis, which allotment was beyond celled as the same had not been accepted by the date same was cancelled. Learned counsel for the U.T.Chandigarh further submits that even otherwise, the petitioner (in CWP-10764-2020) was grant of government accommodation in out of turn already had an allotted house out of asking for a better accommodation and as per the Rule 11(2)( plicants cannot claim accommodation und applicant had already occupy government accommodation -2- e order dated 01.08.2019 (Annexure P-11) as same has been cancelled without giving any opportunity of , the cancellation of allotment of the government house on out of petitioners be allowed to occupy the respondent have appeared and defended the Learned counsel appearing on behalf of the respondents argues that the odation can only be made to the extent of 10% of the total pool and in the present case, the said ceiling of 10% had already been came to the notice of the authorities concerned and consequently ision was taken that any house which, has been allotted on out of turn basis has been occupied by the employee concerned, then such will be allowed, otherwise the unoccupied houses which have been should be cancelled and keeping in by the authorities concerned, the houses allotted to the was beyond the 10% quota has been by the date same was cancelled. Learned counsel for the U.T.Chandigarh further submits that even 2020) was not even eligible to apply for the out of turn basis on the ground that the out of Police Pool Houses and they were asking for a better accommodation and as per the Rule 11(2)(4) of House Allotment accommodation under out of turn allotment basis government accommodation and therefore, the 11) is without giving any opportunity of , the cancellation of allotment of the government house on out of be allowed to occupy the respondent have appeared and defended the Learned counsel appearing on behalf of the respondents argues that the can only be made to the extent of ceiling of 10% had already been consequently basis, such which have been should be cancelled and keeping in the houses allotted to the 10% quota has been Learned counsel for the U.T.Chandigarh further submits that even to apply for the on the ground that the they were of House Allotment basis and therefore, the TRIPTI SAINI 2025.08.02 14:27 I attest to the accuracy and integrity of this document CWP-10764-2020 CWP-897-2023 petitioner (in CWP accommodation under the 6. I have heard learned counsel for the parties and gone through the record with their able assistance 7. It is the settled principle of law that out of turn allotment does not give a right but is only allotment has been kept at 10% the ceiling of accommodation in out of turn basis unrebutted. Therefore, ensure that whosoever has occupied the allotted house, those disturbed but, where the accommodation is yet to be occupied, the allotment should be cancelled. That was a very fair decision respondents, keeping in view 10% quota. 8. Even government accommodation, which is a c House Allotment Rules is as under: “4. accommodation out Pool/departmental pool house for out of turn allotment of the Chandigarh Administration General Pool.” 9. Keeping in vie even entitled for consideration for grant of turn allotment basis 2020 (O&M) and (in CWP-10764-2020) was wrongly considered even for accommodation under the out of turn allotment. I have heard learned counsel for the parties and gone through the record with their able assistance. It is the settled principle of law that out of turn allotment does not give a only a concession extended. Further the allotment has been kept at 10% of the total pool and no allotment can be made beyond the ceiling of 10% and in the present cases the allotment accommodation in out of turn basis was made beyond unrebutted. Therefore, decision was taken by the Chandigarh Administration to ensure that whosoever has occupied the allotted house, those but, where the accommodation is yet to be occupied, the allotment should be cancelled. That was a very fair decision , keeping in view the fact that out of turn allotment Even otherwise, the petitioner (in CWP government accommodation, which is a conceded fact. The Rule 11(2)(4 House Allotment Rules is as under:- “4. Such employees who are already in occupation of Govt. accommodation out of the Chandigarh Administration General Pool/departmental pool houses/State Govt. house would not be entitled for out of turn allotment of the Chandigarh Administration General Pool.” Keeping in view the said fact, the petitioner in CWP en entitled for consideration for grant of government basis, hence the claim that he should be granted the -3- 2020) was wrongly considered even for grant of I have heard learned counsel for the parties and gone through the record It is the settled principle of law that out of turn allotment does not give a concession extended. Further the maximum limit set for out of turn and no allotment can be made beyond 10% and in the present cases the allotment of government was made beyond 10% which fact has gone decision was taken by the Chandigarh Administration to ensure that whosoever has occupied the allotted house, those employees be not but, where the accommodation is yet to be occupied, the out of turn allotment should be cancelled. That was a very fair decision at the hands of the out of turn allotment has to be within the otherwise, the petitioner (in CWP-10764-2020) is already having onceded fact. The Rule 11(2)(4) of the Such employees who are already in occupation of Govt. of the Chandigarh Administration General /State Govt. house would not be entitled for out of turn allotment of the Chandigarh Administration General w the said fact, the petitioner in CWP-10764-2020 is government accommodation under out of should be granted the accommodation as grant of I have heard learned counsel for the parties and gone through the record It is the settled principle of law that out of turn allotment does not give a out of turn and no allotment can be made beyond of government which fact has gone decision was taken by the Chandigarh Administration to be not out of turn at the hands of the has to be within the 2020) is already having ) of the Such employees who are already in occupation of Govt. of the Chandigarh Administration General /State Govt. of the Chandigarh Administration General /State Govt. house would not be entitled for out of turn allotment of the Chandigarh Administration General not out of accommodation as TRIPTI SAINI 2025.08.02 14:27 I attest to the accuracy and integrity of this document CWP-10764-2020 CWP-897-2023 per out of turn house Allotment Rules. 10. Learned counsel for the petitioners have not been able to said provision accommodation granted as per out limit of 10% of total stand achieved right but is a concession. Concession can there is no right to claim out of turn allotment of government accommodation, cancellation of same cannot be agitated 11. Keeping in view the above, no ground is made by this Court in the order cancelling the out of turn allotment in favour of the petitioner(s) of the government accommodation. 12. The petitio 13. Pending application(s), if any, shall also stand disposed of. July 29, 2025 tripti Whether speaking/non Whether reportable 2020 (O&M) and out of turn house allotment, will be against the terms and conditions of the Ho Allotment Rules. Learned counsel for the petitioners have not been able to of House Allotment Rules to show accommodation granted as per out of turn allotment limit of 10% of total stand achieved. Even otherwise out of turn allotment is not a right but is a concession. Concession can not be claimed as a matter of right, hence there is no right to claim out of turn allotment of government accommodation, ation of same cannot be agitated. Keeping in view the above, no ground is made by this Court in the order cancelling the out of turn allotment in favour of the petitioner(s) of the government accommodation. The petitions are dismissed, accordingly. Pending application(s), if any, shall also stand disposed of. (HARSIMRAN SINGH SETHI Whether speaking/non-speaking : Speaking Whether reportable : No -4- , will be against the terms and conditions of the Ho Learned counsel for the petitioners have not been able to controvert the to show their entitlement qua the of turn allotment basis, even when the maximum . Even otherwise out of turn allotment is not a not be claimed as a matter of right, hence there is no right to claim out of turn allotment of government accommodation, Keeping in view the above, no ground is made out for any interference by this Court in the order cancelling the out of turn allotment in favour of the dismissed, accordingly. Pending application(s), if any, shall also stand disposed of. HARSIMRAN SINGH SETHI) JUDGE speaking : Speaking No , will be against the terms and conditions of the House controvert the qua the , even when the maximum . Even otherwise out of turn allotment is not a not be claimed as a matter of right, hence there is no right to claim out of turn allotment of government accommodation, out for any interference by this Court in the order cancelling the out of turn allotment in favour of the TRIPTI SAINI 2025.08.02 14:27 I attest to the accuracy and integrity of this document