CHATAR SAIN Vs. UOI

JUDGEMENT

(1.) IT is settled law that in a territory occupied by a legislation or an executive instruction, equity cannot be used to nullify the territory occupied.

(2.) PETITIONER Chatar Sain was holding substantive post of a Mail Man in the Railway Mail Service (RMS) and was posted at Haridwar. Being entitled to a Government accommodation, a quarter was allotted to him under a license at Haridwar. Being promoted on June 04, 2007, there being no vacancy available at Haridwar to the post to which Chatar Sain was promoted, he was transferred to Saharanpur and was required to vacate the quarter allotted at Haridwar within two months and for which period his liability was to pay the normal license fee. On account of the education requirement of his children, he could continue to occupy the quarter for another 6 months but upon paying twice the normal license fee. In other words, Chatar Sain was entitled as per the applicable rules framed by the Department of Posts to occupy the quarter for 8 months, further retention was to be treated as a case of unauthorized occupant; inviting damages to be paid.

(3.) THE order in question was not preceded by any show cause notice thereby depriving Chatar Sain a right to be heard.