Neutral Citation No. - 2025:AHC:57160 Court No. - 4 Case :- WRIT - A No. - 708 of 2025 Petitioner :- Mohit Siddhu Fireman And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Kailash Prakash Pandey Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J. Heard Sri K.P.Pandey, 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, petitioner has prayed for a direction to the respondent not to dispossess him from the official accommodation in which petitioner has continued to stay with his family ever since he was posted at the place of Rampur. It is submitted by learned counsel for the petitioners that he has been transferred from the Rampur to Moradabad under the order dated 29th June, 2024 and so now his family that stays in the accommodation is being harassed only for the reason that he has not vacated the official accommodation in question till date. Learned counsel for the petitioner 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 9 & 11 will have to study in the same school, it is equally difficult for ordinary policeman to get her 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 as official accommodation is only to facilitate homeliving and convenience to the family member including school going children till the academic session lasts. 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 petitioner to vacate the official accommodation till at least 30th April, 2025. Petitioner is permitted to give an undertaking before the respondent concerned that he would be vacating the official accommodation in any case by 30th April, 2025 and if he does so within a period of two weeks from today, he 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 :- 17.4.2025 Sanjeev Digitally signed by :- SANJEEV RANJAN High Court of Judicature at Allahabad