High Court Punjab-Haryana High Court

Baljinder Kaur vs State Of Punjab And Others on 9 October, 2009

Punjab-Haryana High Court
Baljinder Kaur vs State Of Punjab And Others on 9 October, 2009
             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