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Judgment
Syed Bashiruddin, J.—Petitioner a constable in J and K Police was allotted quarter No. 8 in BlockJ at Police Housing Colony, Bemina,
Srinagar in occupation of one Ab. Gani Dar Dy. S.P. to take effect from January 2000. This allotment has been made under order No. 569 of
1999 dated 18.10.1999 by DIG of Police Range, Srinagar (AnnexureB). However, this order was superseded and this quarter No. 8 Type II
Block J of the colony was allotted to one Smt. Gulshan Akther, SubInspector w.e.f. 31.12.1999 for security reasons under order No. 205 of
1999 dated 26.11.1999 passed by Inspector General of Police, Kashmir Zone (annexureC), followed by order of DIG Srinagar Range for
implementation of allotment order in favour of said Gulshan Akther, SubInspector. This allotment order in favour of Gulshan Akther is challenged
by petitioner in the ground that the order is in violation of rules and does not take into account adverse financial position and security concerns of
petitioner.
Respondents have in reply on affidavit of DIG of Police, Srinagar range alleged that the allotment of quarters to respondent No. 6 said Gulshan
Akther was for security reasons, after the earlier order of allotment in favour of petitioner was cancelled. No right of petitioner has been violated in
so far as police department is not obliged to provide accommodation (and even if it desirous so cannot provide accommodation) to all its
employee. Out of the available accommodation the vacant residential accommodation is allotted to police official for security reasons. Respondent
No. 6 a lady officer, S.I. of the police department, has more security risk than the petitioner. She has been allotted accommodation prior to
petitioner. Petitioner did not come in possession of accommodation at any stage as the quarter was not available for allotment till it was actually
vacated by said Dy. S.P. Ab. Gani Dar. Petitioner's case shall be considered once the quarter under consideration at Bemina Housing Colony are
completed. The physical possession of the quarter was delivered only to respondent No. 6. The order has been cancelled by the competent
authority. Gulshan Akther, SubInspector of special guards was accommodated and given allotment because of the threat perception carried by her
posting .in special guards. No rules have been violated. To the type of residence in question classified as TypeIt, petitioner constable has no
eligibility. On the other hand respondent No. 6, SubInspector is eligible for allotment and occupation of the residential accommodation is question.
Upon hearing the counsel for the parties and on consideration, it is seen that notwithstanding allotment of family quarter 8Type II Block. J at
Police Housing Colony, Bemina to petitioner on 18.10.99, the order itself shows that the allotment order was to take effect from January 2000
when one Ab. Gani Dar Dy. S.P. in actual possession of this quarter, was to vacate it on retirement. Before it could happen, Inspector General of
Police, Kashmir Zone in supersession of the above said order dated : 18.10.1999 of the DIG Srinagar Range, passed fresh order on 26.11.99
allotting this quarter to SubInspector Gulshan Akther of SSG for security reasons to take effect on retirement of said Dy. S.P. on 31.12.1999. The
order of allotment in favour of the petitioner is provisional in the sense that it has net been acted upon and petitioner has not come in possession of
the quarter at any point of time. Besides this order has been suppressed by a superior officer of the rank of IGP, Kashmir Zone and allotment of
the residential quarter to Gulshan Akther, SubInspector is for security reasons. As submitted by Mr. M.I. Qadiri, Sr. AAG the quarter is actually
with and in occupation of said Gulshan Akther pursuant to the said allotment order. The order is not show in violation of rules or passed by an
incompetent authority/officer. On the question of competing claims of allotment of the residence to a constable or a Lady SubInspector, for
security reasons, no exception can be taken to the allotment of accommodation to the officer. Petitioner is not eligible to the type of
accommodation as classified under J and K Police Allotment, Occupation and Vacation of Residential Accommodation standing order 1993. To
this type of accommodation aeonstable is not eligible, on the other hand the eligibility of respondent No. 6 SubInspector is specified in the order
under clause 5. The allotment of the accommodation to respondent No. 6 by IGP and followed by the order of DIG of Police is in order. The
allotment is made by the competent authority. So long the allotment order was not acted upon, the petitioner's order of allotment was just
provisional in character which has been withdrawn before it could be acted upon. In such matters prior hearing is not required. The adverse
financial problem is not a matter for the employer in the matter of allotment or residential quarter where security concerns and that too of a Lady
Officer, is high up in priority list. Personal problem of the petitioner in the facts and circumstances of the case, cannot offset allotment based on
security concerns where an Officer is allotted accommodation under the order of higher officer.
In result, no case is made out for admittance to hearing. Dismissed in limine. Srinagar 15052001.