CIVIL WRIT PETITION NO. 2375 OF 2008 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. DATE OF DECISION : February 26th ,2010 Parties Name Hardayal Singh Rawat ...PETITIONER VERSUS Chandigarh Housing Board ...RESPONDENT CORAM: HON'BLE MR. JUSTICE JASBIR SINGH PRESENT: Mr. D.S.Rawat, Advocate, for the petitioner. Mr. Anupam Gupta, Advocate, for the respondent. JASBIR SINGH, J. JUDGMENT: This order will dispose of four writ petitions, i.e., Civil Writ Petitions No. 2375, 3144, 3663 and 4656, all of the year 2008, in which challenge has been laid to Self-Financing Housing Scheme-2008 (in short 2008 Scheme) floated by Chandigarh Housing Board to allot flats on lease- hold basis, for 99 years, to the employees of Chandigarh Administration. For facility of dictating judgment, facts are being taken from Civil Writ Petition No. 2375 of 2008. It is case of the petitioner that he joined Haryana Civil CIVIL WRIT PETITION NO. 2375 OF 2008 -2- Secretariat as a Clerk in the year 1973 and on superannuation, retired as Superintendent on February 28, 2006. Before his retirement, petitioner was living in House No. 2207, Sector 27-C, Chandigarh, allotted to him by the Chandigarh Administration, in the year 1994, when he was working as an Assistant. The petitioner has laid challenge to the 2008 Scheme on the ground that it is discriminatory and violative of Article 14 of the Constitution of India, because right to apply for a flat has been given only to the employees of Chandigarh Administration, its Boards, Corporation and employees of the Punjab and Haryana High Court and employees on deputation with Chandigarh Administration. Further challenge has been laid to condition 2(b) in the Scheme, which provides that an employee can apply only for a flat as per his group, i.e., as for example a Group C employee has been held entitled for one bed room flat and not as per requirement of that employee. It is prayer of the petitioner that directions be issued to the respondent – Board to treat the petitioner as eligible and allot a flat to him as per his demand. In this writ petition, basic challenge is to the eligibility for allotment of flats to the employees, who are on deputation with Chandigarh Administration. It is grievance of the petitioner that they have wrongly been made eligible to get flats under the 2008 Scheme, whereas said benefit of the Scheme has been declined to the employees of the State of Haryana, who are working in connection with the affairs of the State and are posted at Chandigarh. It is case of the petitioner that employees on deputation can be repatriated back to their parent department and as such benefit of the 2008 Scheme should not have been given to them. It is further stated by the petitioner that employees of Haryana Civil CIVIL WRIT PETITION NO. 2375 OF 2008 -3- Secretariat are entitled to get Government accommodation provided by U.T. Administration. However, when formulating the above said Scheme, the benefit has wrongly been declined to them. The petitioner has further stated that regular employees of Chandigarh Administration, its Boards , Corporations , Punjab and Haryana High Court and employees on deputation with Chandigarh Administration do not constitute socially and economically weaker class, for which respondent could make 100% reservation. The petitioner further averred that an option should have been given to an employee to apply as per his requirement and not on the basis of category, in which he falls. He prays that the scheme be set aside or modified so as to make the petitioner eligible to get allotted a flat under the above said Scheme. Upon notice, reply has been filed through Shri Kamlesh Kumar, Secretary, Chandigarh Housing Board, wherein it has been stated that U.T. Chandigarh being capital of both the States of Punjab and Haryana, has to fill up considerable regular posts on deputation, which is mandatory as per the Re-Organisation Act, 1966. It is further stated that not only as above, some posts have to be filled up from Himachal Pradesh and other States as well. It is also averred that there is a broad distinction between employees of the States of Punjab and Haryana posted in Chandigarh and employees, who are on deputation with the Chandigarh Administration. The former work for their respective States whereas the latter are working for Administration of U.T. Chandigarh. It is further stated that employees, who are on deputation with Chandigarh Administration, are employees of the Administration for all intends and purposes. They are governed by Chandigarh Administration Rules and Regulations. Their salaries are paid CIVIL WRIT PETITION NO. 2375 OF 2008 -4- by Chandigarh Administration and they discharge duties for Chandigarh Administration. They do not claim any deputation allowance. In reply, it is further stated that in sum and substance, they are like permanent employees of the U.T. Administration because cadre posts are reserved in the Recruitment Rules in 60 -40 % ratio. Many have worked for more than decades in the Chandigarh Administration. It is further mentioned that on recommendation by the competent authority, the Scheme was framed to provide accommodation to employees of U.T. Chandigarh, its Corporations etc. In the replication, averments made in the writ petition were reiterated. Counsel for the parties heard. It is apparent from the record that the respondent framed the 2008 Scheme to allot flats, on lease-hold basis for 99 years, to employees of the Chandigarh Administration. The Scheme was framed to satisfy long pending demand of the U.T. Employees for framing a special housing scheme for them as there is a huge short of Government accommodation and the rent in Chandigarh is beyond their reach. Following were the parameters in the 2008 Scheme to be eligible to get a flat: “II. THE SCHEME. a) The Scheme comprises of four-storeyed Three Bed Room flats with Servant Quarter, 2 Bed Room flats with Servant Quarter, One Bed Room and One Room Flats to be constructed in Sector 52 and Sector 56 and any other place if earmarked by Chandigarh Administration. b) The number of flats in each category shall depend upon the CIVIL WRIT PETITION NO. 2375 OF 2008 -5- number of applications received for each category of flats and the availability of land, generally keeping the same proportion as the number of applications received in each category. An employee shall be eligible for a dwelling unit according to his group. The Group 'A' employee shall be eligible for Three Bed Room Flat, the Group 'B' employee shall be eligible for Two Bed Room Flat, the Group 'C' employee shall be eligible for One Bed Room Flat and the Group 'D' employee shall be eligible for One Room Flat. However, an employee from a higher group shall be eligible to apply for a lower category of dwelling unit. c) The allotment of dwelling units under the Scheme shall be made as per the provisions of Chandigarh Housing Board (Allotment, Management and Sale of Tenements) Regulations, 1979, as amended from time to time. III.ELIGIBILITY (i)The applicant should be a regular employee of Chandigarh Administration or its Board / Corporation or Punjab & Haryana High Court or on deputation with the Chandigarh Administration on the date of the opening of the scheme or should have retired in last three years from the date of opening of the Scheme. (ii)The applicant will be eligible for allotment of a dwelling unit in case he/she or his/her spouse or any of his/her minor children does not own on free hold or lease-hold or on hire- purchase basis a residential plot/house in the Union Territory CIVIL WRIT PETITION NO. 2375 OF 2008 -6- of Chandigarh or in either of the Urban Estates of Mohali or Panchakula. (iii)However, an applicant who has ever been allotted a residential plot/ dwelling unit in the Union Territory of Chandigarh or in any of the Urban Estates of Mohali or Panchakula, through Govt./ Semi Government/Statutory Corporation/Board/Municipal Committee/Corporation/Registered Society like A.W.H.O. or a Co-operative House Building Society, in his/her name or in the name of his/her spouse or any minor child, shall not be eligible for allotment. (iv)Similarly, an applicant who is holding a residential plot/ dwelling unit in the U.T. of Chandigarh or in any of the Urban Estates of Mohali or Panchkula on the basis of an Agreement to Sell and G.P.A. etc., executed in his/her favour or in favour of his/her spouse or any of his/her minor children, shall not be eligible. (v)The applicant shall further be required to continue to fulfill the eligibility conditions at (ii) to (iv) above, from the date of opening of the Scheme to the date of delivery of possession of the dwelling unit by the Chandigarh Housing Board. (vi)The applicant can submit only one application and in one category only according to his/her eligibility. In case both the husband and wife are eligible under the Scheme, both of them can apply. However, in case both of them are successful only one will be eligible for allotment.” CIVIL WRIT PETITION NO. 2375 OF 2008 -7- In the 2008 Scheme, flats were reserved for scheduled castes, other backward classes, Ex-servicemen, physically handicapped and 5% flats were reserved in favour of employees, who have retired in the last three years or will be retiring within three years, from the date of opening of the Scheme, i.e., January 14, 2008. In the Scheme, proposed accommodation consists of three Bed Room flats, two Bed=Room flats, one Bed-Room flats and one Room flats. Tentative price of the flats was also mentioned in the Scheme. Mode of allotment and payment was also indicated. The 2008 Scheme also lays down penal provisions in case of misuse, additions or alterations, made without prior permission. When State of Punjab was bifurcated into Punjab and Haryana in the year 1966, Chandigarh was kept as joint Capital of both the States. At that time, most of the employees were taken on deputation from the States of Punjab, Haryana and Himachal Pradesh. Many are working and most of them have retired after rendering service for decades. Work done by them in the development of Chandigarh is unparallel. With the passage of time, the Chandigarh Administration started inducting its own permanent employees. As per detail given in affidavit of Kamlesh Kumar, Secretary, Chandigarh Housing Board, dated December 15, 2008, the total working strength of employees in Chandigarh Administration is 28945, which includes 1579 employees on deputation with the Administration. Similarly, the total working strength of employees in Boards and Corporations in Chandigarh is more than 5830 and there are only 44 employees on deputation. It is common knowledge that many employes, who are on deputation, are working for U.T. Administration for more than a decade. Virtually, as per scheme of the Re-Organisation Act and the Rules, framed CIVIL WRIT PETITION NO. 2375 OF 2008 -8- by the U.T. Administration, their position is akin to the permanent employees of the U.T. Administration. In this writ petition, primary challenge is to the eligibility of employees on deputation with U.T. Administration, to get a flat. The 2008 Scheme has been formulated for regular employees of Chandigarh Administration , its Boards , Corporations or Punjab and Haryana High Court or for those employees, who are on deputation with Chandigarh Administration as on January 14, 2008. High Court for both the States is joint and is situated in Chandigarh. Its employees , may be permanent or on deputation are stationed in Chandigarh. Under these circumstances, this Court is of the view that formulating any Scheme to provide housing accommodation to employees of the High Court is not violative of the provisions of Article 14 of the Constitution as they constitute a separate class in themselves like the employees on deputation with U.T. Administration. It has also come on record that in 2008 Scheme, 121 flats have been ear-marked for Group A, 140 flats for Group B, majority of the flats are meant for Groups C and D , i.e. 1862 and 380 respectively. It is a matter of common knowledge that in view of high rise in property prices, it is not possible to get housing accommodation in Chandigarh. It is most undesirable to ask an employee to go out of Chandigarh after spending prime time of his life for working in U.T. Administration. The benefit given is perfectly justified. Not only as above, it has been stated in the affidavit, filed by Kamlesh Kumar, Secretary, Chandigarh Housing Board, dated March 2, 2009, that by now the Chandigarh Housing Board has formulated 31 CIVIL WRIT PETITION NO. 2375 OF 2008 -9- Housing Schemes, out of which 26 were for general public, 5 were special housing scheme for employees of Punjab and Haryana and the Chandigarh Administration. It is further stated that as per Regulation 25(iv) of the Chandigarh Housing Board (Allotment, Management and Sale of Tenements ) Regulations, 1979, 5% reservation is required to be made in all the general housing schemes of the Chandigarh Housing Board for employees of Punjab and Haryana Governments and U.T. Chandigarh, who have retired or retiring within three years from the date of opening of the Scheme. As per material placed on record, from the year 1995, at different times 26 Schemes were advertised for general public, in which flats were also reserved for employees of the States of Punjab and Haryana, as mentioned above. Petitioner had joined service at Chandigarh in the year 1973. He could have applied to get housing accommodation under the above said Schemes. Besides this, the respondent has floated five Schemes for employees of Punjab and Haryana Governments, Chandigarh Administration etc. from 1986 to 1996. In those Schemes, general public was not eligible to apply and get housing accommodation. The petitioner also failed to apply against those schemes. The petitioner has already retired from service and he cannot equate himself with employees, who are on deputation with U.T. Administration. Furthermore, the employees, who are on deputation, are not claiming any deputation allowance and are governed by the Service Rules meant for employees of the U.T. Administration. As has been stated by the respondent, they virtually have become permanent employees of the Chandigarh Administration. Otherwise also, in the 2008 scheme, only few flats have been earmarked for them to provide housing accommodation exclusively, which will not CIVIL WRIT PETITION NO. 2375 OF 2008 -10- interfere in right of equality of the petitioner, who altogether constitutes a separate class. The petitioner and other similarly situated employees of the States of Punjab and Haryana may take up the matter, with their respective Governments, for initiation of similar housing Schemes. However, the petitioner has no right to raise any grievance , as he has done in the present writ petition. In Civil Writ Petition No. 3144 of 2008, the petitioners are husband and wife and they are working on contract basis in the U.T. Administration. They are getting consolidated salary and are not entitled to housing accommodation etc. as is evident from their appointment letters. They cannot equate themselves with regular employees of the U.T. Administration and those who are on deputation with it. So far as Civil Writ Petitions No. 3663 and 4656, both of 2008, are concerned, the petitioners therein are working in Delhi Financial Corporation. As per admitted position on record, employees of the Corporation posted in Chandigarh are working in connection with affairs of the U.T. Administration. Faced with the situation, at the time of arguments, counsel for the respondent virtually admitted that their claim for allotment of housing accommodation under 2008 Scheme should have been considered. In view of facts mentioned above, this Court is of the opinion that the petitioner in Civil Writ Petition No. 2375 of 2008, namely, Hardayal Singh Rawat and petitioners in Civil Writ petition No. 3144 of 2008 do not have any right to lay challenge to the 2008 Scheme. Their writ petitions are dismissed. Civil Writ Petitions No. 4656 and 3663, both of the year 2008, CIVIL WRIT PETITION NO. 2375 OF 2008 -11- filed by the petitioners, who are serving in Delhi Financial Corporation, are disposed of and directions are issued to the respondent to consider their claim for allotment of housing accommodation under the 2008 Scheme. ( Jasbir Singh ) Judge February 26th , 2010. DKC