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Smt. Leela Sugra v. State Of U.P. And Others - WRIT - A No. 58416 of 2006  RD-AH 18370 (30 October 2006)
Court No. 38
Civil Misc. Writ Petition No. 58416 of 2006
Smt. Leela Sugra
State of U.P and another
Hon'ble V.K. Shukla.J.
Petitioner was appointed as A.N.M. in the Health Department. Petitioner was earlier posted at Kendriya Police Chikitsalaya, Moradabad and on account of this fact she has been allotted residential accommodation and thereafter petitioner has been transferred on 01.06.2005 to Primary Health Centre Tajpur, District Moradabad. In spite of fact that petitioner has been transferred, she has not vacated the aforesaid accommodation. Police authorities on 21.08.2006 asked Chief Medical Officer, Moradabad by informing and intimating that petitioner has not at all vacated residential accommodation and steps be undertaken for vacation of aforementioned premises in question.
Learned counsel for the petitioner Kamesh Kumar Arya, contended with vehemence that in the present case though petitioner has been transferred from Kendriya Police Chikitsalaya, Moradabad to Primary Health Centre Tajpur, District Moradabad which at a distance of 5 Km. and as her Headquarter remains same, as such she is entitled to retain the aforesaid premises in question.
Learned Standing Counsel on the other hand contended that by virtue of being posted at Kendriya Police Chikitsalaya, Moradabad petitioner was allotted residential accommodation in the campus of Kendriya Police Chikitsalaya, Moradabad and once petitioner has been transferred from the aforesaid place then she has no business to retain the said accommodation.
After respective arguments have been advanced factual position which is emerging is to the effect that while petitioner has been posted at Kendriya Police Chikitsalaya, Moradabad she was allotted residential accommodation in the campus of Kendriya Police Chikitsalaya, Moradabad and once petitioner has been transferred on 01.06.2005 from Kendriya Police Chikitsalaya, Moradabad then petitioner has no right to retain the aforesaid residential accommodation. Merely because petitioner is posted at Primary Health Centre Tajpur, District Moradabad at a distance of 5 Km same will not give any right to the petitioner to retain the premises in the campus of Kendriya Police Chikitsalaya, Moradabad. Plea which has been sought to be set up by petitioner qua Headquarter being the same not at all extendable to the petitioner as said police is qua the police officials and petitioner is not a member of police force.
Consequently writ petition lacks substance and as such same is dismissed.
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