Neutral Citation No. - 2025:AHC:61122 Court No. - 4 Case :- WRIT - A No. - 5217 of 2025 Petitioner :- Rajesh Kumar Singh Yadav Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Ashish Kumar Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J. Heard learned counsel for the petitioner as well as learned Standing Counsel. By means of this petition filed under Article 226 of the Constitution, petitioner has questioned the notice dated 03.04.2025 by which the Principal of Moti Lal Nehru Medical College has directed him to vacate the official accommodation which he has been enjoying from the days of his posting at Praygraj. Learned counsel for the petitioner submits that although petitioner has stood transferred on 27.03.2024 but his family is still staying here in Prayagraj in the official accommodation allotted to him and his children are studying in Prayagraj. It is also submitted that petitioner has not been allotted any other official accommodation at Azamgarh. Learned Standing Counsel on the contrary submits that since petitioner had been allotted official accommodation for his stay while posted at Prayagraj, upon his transfer to Azamgarh, he is liable to vacate the same. Upon a pointed query being made, learned counsel for the petitioner could not demonstrate from the pleadings or otherwise could not place any rule which may permit the concerned employee to retain the official accommodation for family while being posted at a different station. At this stage learned counsel for the petitioner submits that giving some breathing time he would be vacating the same. In such above view of the matter, this petition stands disposed of with a direction to the petitioner to to furnish an affidavit of undertaking before the Principal of Moti Lal Nehru Medical College within a period of two weeks from today that he would be vacating the official accommodation on or before 30.06.2025 and in the event, he furnishes such affidavit, he may be permitted to retain the accommodation till 30.06.2025 for which he shall be liable to pay the monthly rent that he has been paying. However, it is clarified that in the event petitioner fails to furnish an undertaking as directed hereinabove or fails to vacate the official accommodation on or before 30.06.2025, he will be charged with commercial rate of rent as well as penalty for retaining the accommodation and shall also be liable to be proceeded with disciplinary proceedings in accordance with law. Order Date :- 23.4.2025 IrfanUddin Digitally signed by :- IRFAN UDDIN SIDDIKI High Court of Judicature at Allahabad