In a case highlighting the bureaucratic hurdles faced by government employees in securing suitable housing, Naresh Kumar, a steward with the department of hospitality in Haryana, has successfully obtained interim relief from the Punjab and Haryana High Court. Justice Tribhuvan Tiwari on Wednesday stayed an administrative order that demanded he pay over Rs 6 lakh in arrears of licence fee along with 12% interest per annum and vacate his current residence, pending a decision on his representation to the authorities.
Kumar’s ordeal began in 2011 when he was allotted a type-13 house in Sector 19, Chandigarh, as part of his employment perks. For over a decade, this served as his stable home without any issues. However, following his promotion in 2023, he became eligible for a better accommodation and was allotted a type-12 house in Sector 20-C on May 25, 2023. What should have been a step up turned into a prolonged nightmare due to the poor condition of the new property.
Upon inspection, Kumar found the allotted type-12 house to be in a dilapidated state, making it uninhabitable. He promptly informed the authorities about the issues, and chose not to occupy it. Instead, he submitted an application requesting permission to retain his existing type-13 house until a suitable alternative could be provided. Despite his efforts, the authorities did not respond to this plea, leaving him in limbo.
Later, an internal communication from the department, dated February 12, 2024, revealed that the type-12 house had been under renovation from June 3, 2023, to August 3, 2023, confirming Kumar’s complaints about its condition.
However, even after the renovations were completed, Kumar was not informed, nor was he given a fresh offer to take possession. Thanks to this, he continued to live in his former house, assuming his request to retain it was under consideration.
The situation escalated on September 3 this year when the authorities issued an order treating his continued stay in the type-13 house as unauthorised occupation. He was slapped with a demand for Rs 6,25,350 in outstanding dues, including interest, and instructed to vacate the premises immediately. The order also directed the superintendent of the house allotment committee to enforce the eviction.
Kumar argued that he was only occupying one house, the one duly allotted to him initially, and could not be penalised for the authorities’ failure to provide a habitable alternative or respond to his requests.
Faced with the threat of eviction and financial burden, Kumar approached the high court, detailing his travails in a petition. He emphasised that the promotion, meant to improve his living conditions, had instead led to uncertainty and hardship.
In his representation, dated September 17, he reiterated these points, urging the authorities to reconsider his case and waive the demands.
During the hearing on October 1 before Justice Kuldeep Tiwari, Kumar’s counsel highlighted the sequence of events, including the renovation period and the absence of any follow-up from the authorities.
The counsel representing the Union Territory of Chandigarh, acknowledged that Kumar’s representation was under consideration and assured the court it would be decided shortly, taking all facts into account.
Justice Tiwari disposed of the petition by directing the competent authority to make a final decision on Kumar’s representation expeditiously, after giving him a fair hearing. It also stayed the operation of the September 3 order until the representation is resolved, providing Kumar with much-needed breathing space.
Justice Tribhuvan Tiwari on Wednesday stayed an administrative order that demanded he pay over Rs 6 lakh in arrears of licence fee along with 12% interest per annum and vacate his current residence, pending a decision on his representation to the authorities.
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