Former Employee Can Retain Government Accommodation Only For One Month After Their Retirement: Jammu And Kashmir High Court

Posted On - 20 December, 2023 • By - King Stubb & Kasiva

A former government employee had been allotted a government quarter with permission to retain it until his retirement. Subsequently, he did not vacate the quarter after retirement and was issued an eviction notice. Consequently, the employee approached the High Court through a writ petition and obtained an order directing four-month occupation and rent payment. However, the former employee did not deposit rent arrears as directed. A subsequent rent notice issued was challenged by the employee and an interim order came to be passed by the court of the District Judge, Jammu. The High Court in OWP No.778/2014 held that the District Judge had exceeded its jurisdiction in passing the order and directed that quarters be vacated and payment of rent for the duration of unauthorized occupation until vacation. It observed that as the applicable rules stipulate retention only for one month after retirement, it is deemed to have been cancelled thereafter.