High Court Directs Haryana Govt To Pay ₹5 Lakh Compensation To Employee For Arbitrarily Denying 'Super Deluxe' Flat

The Punjab & Haryana High Court has granted compensation of Rs. 5 Lakh to a Haryana Government Employee for arbitrarily denying him the flat under the "Super Deluxe category" despite fulfilling the eligibility criteria.

Justice Sureshwar Thakur and Justice Vikas Suri found that the petitioner was denied the falts in super deluxe category for the "flimsy reason", "which is completely contradictory to the facts, which are existing on record, facts whereof reveal, that despite there being an increase in the number of Super Deluxe category flat, thus at the relevant time, besides the petitioner acquiring the pay norms eligibility, yet the espoused allotment not being made to him."

The petitioner challenged a letter issued in 2021 inviting applications for two Super Deluxe flats for Haryana Shehri Vikas Pradhikaran (HSVP) employees and seeks enforcement of a prior decision from 08.01.2018, which promised allotment of the first available Super Deluxe flat to the petitioner during re-planning.

Yashendra Singh, a former Haryana Urban Development Authority (HUDA) employee, applied for a Super Deluxe flat in 2005 under a housing scheme but he was alloted a flat in Deluxe category. He was later promised an upgrade to Super Deluxe upon availability, as per a 2018 governing body decision.

It was alleged that despite this, in 2021, Super Deluxe flats were offered to other employees by passing the petitioner. He submitted that preferential allotments were made to others earlier, and his legitimate claim was ignored.

Hence, Singh sought implementation of the 2018 decision and cancellation of the 2021 allotment notice.

After hearing the submissions, the Court noted that the petitioner was initially ineligible for a Super Deluxe flat in 2005 but later became eligible as per pay norms. In 2018, the governing body decided to upgrade his membership due to the availability of the first surplus flat.

The bench pointed that despite availability, a flat was floated for allotment in 2021 but the same was not offered to Singh.

In the light of the above, the Court opined that the petitioner is entitled to the relief, but since the subject allotment has already taken place, thereby it is not fit and appropriate to disturb the equities.

"The amount furnished as earnest money, by the petitioner, be forthwith refunded to him along with interest accrued thereons @ 8% per annum. Moreover also, compensation comprised in a sum of Rs. 5.00 lacs be also paid to the present petitioner by the respondent concerned, relief but since the subject allotment has already taken place, therebys this Court does not deem it fit and appropriate to disturb the equities. However,the amount furnished as earnest money, by the petitioner, be forthwith refunded to him along with interest accrued thereons @ 8% per annum," it added.

Dr. Surya Parkash, Advocate for the petitioner 

Mr. Ankur Mittal, Addl. A.G., Ms. Svaneel Jaswal, Addl. A.G, Mr. Pardeep Prakash Chahar, Sr. DAG, Haryana. Mr. Saurabh Mago, DAG, Haryana,

Mr. Gaurav Bansal, DAG, Haryana and Mr. Karan Jindal, AAG, Haryanafor the respondent-State.

Mr. Ankur Mittal, Advocate, Ms. Kushaldeep Kaur, Advocate and Ms. Saanvi Singla, Advocate

for the respondent-HSVP.

Title: Yashendra Singh v. State of Haryana

Click here to read/download the order