S C KHOSLA Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) The petitioner in these proceedings under Article 226 of the Constitution of India has impugned a letter, dated 14.5.2002, by which the respondent (hereinafter called "SBI") decided to charge commercial rent at Rs. 8,000/- from him for the period 1.9.1999 to 15.11.2000 for occupying its premises. Another relief claimed is for refund/release of Rs. 1,27,345/-, being the amount recovered, along with interest.

(2.) Petitioner was working as Assistant General Manager in the SBI on 29.10.1994, he was deputed to SBI Home Finance Ltd. During the period of his deputation, the petitioner was allotted residential quarters by the SBI, in his turn for allotment, as an officer of the Bank.

(3.) The petitioner suffered a severe heart: attack in June - July, 1998 which also affected 50% his only functional kidney. It is averred that he was in Coma for four days and had to undergo Bypass surgery as well as a major operation of his kidney. Consequently, he was confined to bed for about four months He completed his deputation tenure with SBI Home Finance in June, 1995 and he was repatriated to SBI, where he joined at the Vigilance Department, at its local Head Office in New Delhi. It is averred that the office where the petitioner had been deputed as well as the place of posting after repatriation were both in Delhi itself. After repatriation, the petitioner was asked, by SBI, on 20.6.1999 to vacate the official accommodation allotted to him, latest by 31.8.1999 and shift leased to accommodation as per his entitlement. He represented to the Bank for permission to continue residing in the quarters in view of his retirement in 2000. The petitioner also stated that the" doctors had cautioned him not to exert physically. The representation was rejected on 21,8.1999 when the SBI stated that he could not retain the flat beyond three months. Another representation was made which too was rejected, on 15.9.1999 when the petitioner was informed that he would tie charged Rs. 8,000/- per month for the period of occupation of the flat beyond 1.9.1999 and that the provisions of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 would be invoked.