Lucknow: Allahabad High Court on Friday asked former Uttar Pradesh cabinet secretary Shashank Shekhar Singh to vacate government residence given to him before May 31.
The order was passed by Lucknow bench on a writ petition filed by Singh challenging April 24 order of the state government cancelling allotment of his house in Raj Bhawan colony.
The state government had on April 25 also issued a notice to vacate the house.
The former cabinet secretary had yesterday moved a petition challenging the government order.
Senior counsel JN Mathur, appearing for Singh argued that the order was "arbitrary and illegal".
The single bench of Justice SN Shukla observed that on the event of retirement, ordinarily, the retired employee is entitled to retain the accommodation for one month and further for one additional month by special permission of the state government.
"The petitioner retired on March 9, thus, ordinarily he was entitled to retain the house till April 9 but under the strength of office memorandum dated March 6 he continued his occupation which entitled him to retain the accommodation till March 9, 2013 which now has been cancelled by the government," it said.
"But keeping in view the submissions of senior counsel Mathur that petitioner`s house is under repairing and that may take about further one month to be completed, I accept his undertaking as recorded and allow him to retain the house till the mid night of May 31," it added.
The court directed that as per his undertaking Singh was bound to vacate the house by the mid night of May 31.
"In default, the government shall be at liberty to get the house in question vacated with the aid of the police force," it said.
"On the request of the counsel for the petitioner, I hereby observe that petitioner`s living in the house in dispute shall not be disturbed till the mid night of May 31," the bench added while disposing off the writ petition.
Singh showed his willingness to vacate the house by recording undertaking through an affidavit filed before the court.
"Through his statement as recorded in the affidavit in the form of undertaking, it is stated by him that he gives an unequivocal undertaking on oath that he shall vacate the official residence on or before May 31," the bench said.