C.W.P. No.17460 of 2008 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No.17460 of 2008 Date of decision:15.07.2009. Yash Pal Singh ...Petitioner Versus Union of India and others ...Respondents CORAM: HON'BLE MR. JUSTICE JASBIR SINGH Present: Mr. Sandeep Bansal, Advocate, for the petitioner. Mr. Suveer Sheokand, Advocate, for the respondents. ***** JASBIR SINGH, J. Petitioner is retired Naib Subedar. By filing this writ petition, he has laid challenge to order dated 11.08.2007 (P-14), declaring him unauthorized occupant of government accommodation for the period falling between 06.01.2007 to 31.07.2007. Counsel for the parties heard. It is not in dispute that before 06.01.2007, petitioner was posted in field area. As per law, his family was entitled to retain separated family accommodation at Chandigarh. Petitioner was transferred to peace area on 06.01.2007. At that time, his children were studying at Chandigarh in Class 10th, 12th, B.Sc.-II and B.Sc-III. Taking note of above, Unit of the petitioner wrote a letter dated 05.01.2007, recommending that he be allowed to retain the accommodation, at Chandigarh, up to end of that academic session. Request was not considered. Petitioner retired on 10.06.2007. He vacated the accommodation on 31.07.2007. Without considering the recommendation made by the unit of the petitioner, he was declared an unauthorized occupant. He came to this Court by filing CWP C.W.P. No.17460 of 2008 -2- No.8896 of 2007and vide order dated 30.05.2007 authorities were directed to consider his representation. Thereafter, impugned order Annexure P-14 has been passed. In that order, it is specifically stated that occupation of accommodation, by the petitioner up to 06.01.2007, was justified. For the remaining 7 months i.e. between 06.01.2007 to 31.07.2007, he was declared unauthorized occupant. After hearing counsel for the parties, this Court feels that the the order (P-14) passed by the authorities needs reconsideration. As per recommendation made by Unit of the petitioner, vide letter dated 05.01.2007, case of the petitioner for retention of accommodation for few months more, was required to be considered. No action was taken on that letter. At no time, petitioner was never asked to furnish any proof, regarding ongoing study of his children. By stating those facts, petitioner also sent a representation dated 20.09.2007 (P-15) stating that as per Rules he was entitled to retain accommodation up to 31.07.2007. In view of the facts mentioned above, this writ petition is disposed of by directing the respondents to reconsider order Annexure P-14, in the light of recommendation, made by unit of the petitioner, and representation sent by him to the authorities. Petitioner is directed to supply copies of the certificates showing that his children were studying in schools/colleges in Chandigarh during the above said period, to the counsel for the respondents within 7 days from today. If, ultimately it is found that the petitioner's retention of accommodation was justified, the amount deducted from him be refunded to him. Needful be done within a period of 15 days from the date of receipt of the copy of the order. This writ petition is disposed of. July 15, 2009. ( JASBIR SINGH ) vinod JUDGE