Introduction:

A recent ruling by the Telangana High Court in the case of an army colonel’s estranged wife versus the Station Commander, Secunderabad, sheds light on the entitlement of an officer’s spouse to retain allocated accommodation. The Division Bench of Chief Justice Alok Aradhe and Justice Anil Kumar Jukanti addressed the appeal filed by the estranged wife challenging her eviction from the accommodation previously allotted to her husband, emphasizing that Rule 4 of the Quartermaster Rules merely entitles a married officer to accommodation without conferring any statutory right on the spouse to retain it.

Arguments of Both Sides:

The appellant, the estranged wife, argued that Rule 4 of the Quartermaster Rules provided her with a statutory right to continue residing in the allocated accommodation of her officer-husband. Additionally, she contended that the Station Commander’s eviction order did not adhere to the procedure under the Public Premises (Eviction of Unauthorized Occupants) Act, 1971. On the contrary, the Deputy Solicitor General of India representing the respondents emphasized the need for the appellant to vacate the accommodation, citing the arrival of new officers awaiting allotment and the unauthorized occupation by the appellant despite multiple eviction notices.

Court’s Judgment:

The Division Bench analyzed Rule 4 of the Quartermaster Rules and concluded that it merely addressed the entitlement of a married officer to accommodation without granting any statutory right to the officer’s spouse for retention. The court highlighted that the officer’s entitlement to the accommodation in Secunderabad ceased upon his transfer to a peaceful zone in Uttarakhand, thus negating the appellant’s claim to continue residing in the premises. Despite the officer-husband’s subsequent transfer back to Secunderabad, his stay in a mess with his ailing mother indicated no immediate requirement for the allotted accommodation. Consequently, the court directed the appellant to vacate the premises by December 29, 2023, or by January 15, 2024, provided she submits an undertaking for peaceful evacuation.