KANDARPKUMAR RAMANLAL SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition, the petitioner has prayed for the following reliefs :-

(2.) The short facts of the case are that the petitioner was appointed by the Central Government as a lower Division Clerk in the office of Accountant General at Ahmedabad in the year 1970. In the year 1977, the petitioner was allotted quarter No. 337/40 in 'F' Colony, Shahalam, Ahmedabad. The petitioner during the tenure of service was transferred to various places and since June, 2000, he has been posted at Ahmedabad. Recently, the petitioner is posted at Kadan, Division No. 1 Divada Colony Panchmahal. As the petitioner was having some family problem and the litigation filed by the Government employees including the petitioner was filed before this Court, the petitioner had not vacated the said quarter. Though the litigation filed by the Government employees and the petitioner was dismissed before the Hon'ble Apex Court, the Central Government had not treated the said period as unauthorized period and no penal rent or damages were recovered from the occupiers.

(3.) Heard learned counsel for the respective parties and perused the documents on record. When the matter was taken up for hearing, the learned counsel for the petitioner has made a statement that the petitioner is ready to pay the rent at the economic rate instead of the market rate. Considering the fact that the petitioner has already retired from the service and in view of the statement made by the learned counsel for the petitioner, I am of the opinion that ends of justice would be met by passing the following order.