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Remove B R Singh from Cheshmashai hut: HC tells govt
7/21/2007 11:18:05 PM

JAMMU, JULY 21- First Puisne Judge of Jammu and Kashmir High Court Justice Nisar Ahmed Kakru at Jammu admitted the petition filed by BR Singh, a senior IAS Officer, and directed the state respondents to allow the petitioner BR Singh to continue to occupy the hut already allotted to him till his retirement.
Justice Kakru, after hearing both sides and considering the contention of the petition in which the petitioner submitted that respondent to whom the said hut was allotted is junior to the petitioner being IPS Officer of 1976 batch whereas the petitioner is an officer of 1971 batch that too of IAS cadre. Contention is urged to canvas that there is no reason to deprive the petitioner of two rooms accommodation and to house him in one room hut. Upon consideration of the controversy, one of the coordinate benches of this Court has passed a direction on April 26, 2004 permitting the petitioner to maintain the possession over Hut No 14. A glance at the age disclosed by the petitioner, not disputed by the other side, reveals that he has (BR Singh) has few months only to reach his age of superannuation; there is absolutely no justification to take a view contrary to the one taken by one of the coordinate benches reflected in the order March 26, 2004. With these observations Court allowed the petition with a direction to the respondents to allow the petitioner to live in hut No 14 till his retirement. Court further said that needless to say that in case the rules/policy permits the petitioner to retain the hut beyond his retirement for any number of days that benefit shall also be available to him.

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