HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 794/2009 (S/S) Chandra Mohan Tewari. … Petitioner. Versus State of Uttarakhand and two others. … Respondents Mr. Ram Ji Srivastava, learned counsel for the petitioner. Mr. H.M. Raturi, learned Standing Counsel for the State/respondents. Dated: July 28, 2009: Hon’ble V.K. Bist, J. Heard learned counsel for the parties. 2. By means of present writ petition, the petitioner has challenged the order dated 24.07.2009 passed by Chief Medical Officer, Nainital whereby the petitioner has been directed to vacate the official accommodation within a period of five days. Direction has also been sought by the petitioner for extension of time to vacate the premises allotted to him till the end of the instant session i.e. till June 2010. 3. Learned counsel for the petitioner argued that the sons of the petitioner are school going children and in case the petitioner is compelled to vacate the accommodation in question in that event he will suffer a lot and he will have left no other option except to withdraw his children from their respective schools. 4. Learned counsel for the petitioner further argued that at present his wife and the children are suffering 2 from Chicken Pox and on account of this aliment he is not in the position to vacate the official accommodation in question immediately. 5. Admittedly, the petitioner was transferred from district Nainital to district Almora in the month of June, 2008 and he joined in the office of Chief Medical Officer, Almora on 26th July, 2008. After getting transfer to Almora, the petitioner should have vacated the official accommodation at Nainital within a reasonable period as the same was to be allotted to the person entitled for. In these circumstances no relief can be granted to the petitioner. 6. The writ petition is dismissed accordingly. However, keeping in view of the fact that wife and children of the petitioner are suffering from the disease called Chicken Pox, which a contagious disease, the respondents are directed to permit the petitioner to retain his official accommodation at Nainital, till 31st August, 2009. 7. No order as to costs. 8. Let certified copy of this order be supplied to the learned counsel for the petitioner today itself, on payment of usual charges. (V.K. Bist, J.) 28.07.2009 NCM: