IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Civil Writ Petition No.6816 of 2009
Date of Decision: 09.10.2009
Baljinder Kaur
Petitioner
Versus
State of Punjab and others
Respondents
CORAM:- HON'BLE MR. JUSTICE JASBIR SINGH
Present: Mr.K.K.Goel, Advocate for the petitioner
.....
Jasbir Singh, J. (Oral)
This writ petition has been filed with a prayer to quash order
date 22.5.2006 (P1), vide which, the petitioner was ordered to be ejected
from the government accommodation, which was allotted to her when she
was in service. Further challenge is to an order dated 25.3.2008 (P2), vide
which, appeal filed by the petitioner was dismissed.
It is contention of counsel for the petitioner that service of
notice, upon the petitioner, before starting process of ejectment, was not
proper.
This Court feels that objection raised is liable to be rejected, as
the same appears to have been raised, only with a view to prolong illegal
possession of the petitioner in the government accommodation.
It is apparent from the records that after issuance of notice, the
petitioner refused to receive the summons, many attempts were made and
then she was served through substituted process. Thereafter, she appeared
Civil Writ Petition No.6816 of 2009 2
before the competent authority and filed her reply. Taking note of the same
and after giving an opportunity to both the parties, to prove their case,
ejectment order was passed. The petitioner went in appeal, which was
dismissed.
It is not in dispute that the petitioner was dismissed from
service in the year 2005. Despite notice served upon her, when she failed to
vacate the government accommodation, allotted to her, proceedings were
initiated for ejectment. It is not disputed that the petitioner had challenged
her dismissal order before this Court and her writ petition was dismissed.
Matter is pending before the Hon’ble Supreme Court, however, interim stay
has not been granted. Once out of service, the petitioner has no right to
retain the accommodation. No case is made out for interference.
Dismissed.
09.10.2009 (Jasbir Singh) gk Judge