Ankush v. Chandigarh Administration And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of Decision : March 09, 2026 ANKUSH -PETITIONER V/S CHANDIGARH ADMINISTRATION AND OTHERS -RESPONDENTS

CORAM:

HON'BLE MR. JUSTICE KULDEEP TIWARI

Present:

Mr. Abhimanyu Batish, Advocate for the petitioner.

Mr. Sumeet Jain, Addl. Standing Counsel, with Ms. Avneet Kaur, Panel Counsel for the respondent(s)- U.T. Chandigarh.

Mr. Bhupender Singh, Addl. A.G., Haryana.

*** KULDEEP TIWARI, J. (ORAL) 1.

Through the instant writ petition, the petitioner seeks issuance of directions to the respondent(s)-authorities to consider and decide his application for allotment of government accommodation. 2.

Succinctly stated, the petitioner claims to be the dependent son of late Balwan Singh, who was serving as a Clerk with the Government of Haryana and was last posted at the Haryana Civil Secretariat at the time of his demise on 09.05.2021. After the death of his father, the petitioner submitted an application before the competent authority of the Government of Haryana seeking appointment on compassionate grounds, whilst continuing, along with his mother, to occupy the government accommodation that had been allotted to his deceased father. While the

application for compassionate appointment was still under consideration, the petitioner received a letter dated 16.05.2024 issued by the Secretary, House Allotment Committee, Chandigarh, informing him that the allotment of the government accommodation stood cancelled w.e.f.

09.05.2024.

Subsequently, an eviction order dated 13.08.2024 was also passed directing the petitioner to vacate the said accommodation within 15 days from the date of publication of the said order. Aggrieved thereby, the petitioner along with his mother filed CWP-24594-2024 challenging the order cancelling the allotment as well as the eviction order. The said writ petition was disposed of by a Co-ordinate Bench of this Court vide order dated 01.10.2024 with the following directions:- "8. Be that as it may, learned Senior counsel for respondent Nos.1 to 4 very fairly and compassionately undertakes on behalf of the UT Administration, to de-seal the premises within 24 hours, and to allow the petitioners to stay therein, for the next two months more. However, during this period, it would be expected that respondent No.5 - State of Haryana would take some final decision in regard to the service of petitioner No.2 and his posting place. Thereupon only, it would be possible for the UT Administration to examine as to whether family is entitled to the house in question, or not.

9. After considering all the aspects and the submissions addressed by counsel for both the parties, and the good gesture of giving an undertaking before this Court by Mr. Amit Jhanjhi, Senior Advocate, petitioners are directed to submit an undertaking to the office of UT Administration, within a period of one week from today, to vacate the house after the period of two months, and during this period, either the final decision in regard to compassionate employment would be taken by respondent No.5 or the petitioners would find out some other place to reside."

3.

Shortly after the disposal of the writ petition (supra), the petitioner was granted provisional appointment on compassionate grounds as Peon-cum-Chowkidar by the Government of Haryana vide memo dated 28.10.2024, and in view of this supervening development, the petitioner

submitted another application seeking retention/allotment of government accommodation. Since the said application remained undecided, the petitioner again approached this Court by filing CWP-2095-2025, which was disposed of vide order dated 27.01.2025 with a direction that, since the respondents had undertaken to consider the petitioner's claim, the premises in his occupation be allowed to be retained by him until any fresh order was passed.

4.

The petitioner's application for allotment of government accommodation was rejected by the Additional Secretary, House Allotment Committee, U.T. Chandigarh vide order dated 01.12.2025. Accordingly, vide communication dated 29.12.2025/01.01.2026, the Assistant Controller (F&A), Rents informed the Superintendent, House Allotment Committee, that since the allotment of the government accommodation had been cancelled w.e.f. 10.05.2024, an amount of ₹5,24,269/- is recoverable from the petitioner towards licence fee, and further requested that appropriate action be taken to have the government accommodation vacated from the petitioner's unauthorized occupation. Thereafter, the petitioner submitted another application dated 08.01.2026 seeking allotment of government accommodation, which is pending consideration. 5.

In this way, aggrieved by the imposition of penal rent, cancellation of the allotment of accommodation, and the non-consideration of his application for fresh allotment, the petitioner has filed the present writ petition.

6.

On 27.01.2026, this Court, after hearing learned counsel for the petitioner, passed the following order:- "Mr. Sumeet Jain, Senior Panel Counsel, and Ms. Avneet

Kaur, Advocate, who have caused appearance, on an advance notice, on behalf of the respondents-UT, Chandigarh, are directed to have apposite instructions from the quarter concerned, as to whether, for the 10 months during which there is a delay on the part of the authority concerned to decide the representation, they are ready to waive off the penal interest for the said period. Learned counsel for the petitioner, shall also inform this Court, on the next date of hearing, as to when, the petitioner is willing to vacate the house in question.

Adjourned to 05.02.2026."

7.

Today, learned counsel appearing for U.T. Chandigarh, on instructions received from the concerned authority, has informed the Court that the respondents are willing to waive the penal rent for the period from 27.01.2025 to 01.12.2025, i.e. the period during which the petitioner's application remained under consideration with the authorities. 8.

Learned counsel for the petitioner has also informed the Court that the petitioner has already vacated the government accommodation in question and a No Objection Certificate has also been issued to him in this regard.

9.

In view of the above, no further adjudication in the matter is required. Accordingly, the instant writ petition stands closed. However, the application submitted by the petitioner seeking fresh allotment of government accommodation shall be considered by the competent authority in accordance with law.

10.

Disposed of accordingly.

(KULDEEP TIWARI) March 09, 2026 JUDGE devinder Whether speaking/reasoned :

Yes/No Whether Reportable :

Yes/No