K R REVANASIDDAPPA Vs. SUPERINTENDING ENGINEER KARNATAKA POWER TRANSMISSION CORPORATION LIMITED BANGALORE

JUDGEMENT

(1.) THOUGH this matter is listed today for orders, with the consent of the learned Counsels appearing for both the parties, the matter is taken up for hearing.

(2.) THE petitioner, questioning the legality and validity of the Final notice dated 3-10-2001 issued by the 2nd respondent bearing No. EE:hd. TL-SS:bw-RC:qrs. No. 2 (AE/je): 2932-38 vide Annexure-A and the communication dated 18-3-2002 vide Annexure-C, on the file of the 2nd respondent, has presented this writ petition. Further, the petitioner sought to direct the respondents to refund the penal rent recovered from his salary from March 2002.

(3.) IT is not in dispute that, the petitioner is working as Junior engineer, O and M, Doddagubbi, KPTCL and he has been allotted the quarters at Banaswadi sub-station. The petitioner was transferred from the said place to another place and in view of his transfer he is supposed to vacate the quarters allotted to him at Banaswadi as early as on 5-6-1997. However, as per the existing Regulations of the KPTCL, the petitioner is entitle to continue in the said quarters for another three months. Further, it reveals that the petitioner has not vacated the premises. It is the case of the petitioner that, he has not vacated the said premises in view of the request made by him to the 2nd respondent on 1-8-2001. The 2nd respondent herein has forwarded the representation given by the petitioner to the Superintending Engineer, KPTCL, South circle, Bangalore, in the interest of the Corporation and availability of the official in the headquarters for attending the interruptions and maintenance will be of great help and his presence for staying in banaswadi quarters upto March 2002 may be considered favourably. No decision has been taken on the said communication sent by the 2nd respondent to the 1st respondent. Thereafter, the 2nd respondent has issued the impugned final notice to the petitioner to vacate the premises on or before 31-10-2001 vide Annexure-A, dated 3-10-2001 by stating that, in the meeting held on 7-9-2001 by the SE (E)BC, South and chairman, HAC, it has been resolved to recover penal rent from the petitioner as proposed by the EE (E), Hoody Division, in his letter dated 25-2-2001 and also to get the quarters vacated by the official within 31-10-2001 to facilitate allotment of this quarters to the needy employee. Thereafter, recovery communication has been sent to the Executive engineer (E), KPTCL, Rural North Division by the 2nd respondent vide annexure-C. Being aggrieved by the impugned final notice vide annexure-A and the recovery communication vide Annexure-C, as stated supra, the petitioner felt necessitated to present this writ petition.