T D VANSIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner has preferred this petition for appropriate directions to the respondents to give benefit of hire purchase scheme to the petitioner regarding the quarter in question i.e. No.B/25 of Salatvada Government Colony, Baroda and the petitioner has also prayed for directions to the respondents to transfer the said quarter by way of sale or hire purchase.

(2.) Heard Mr. Majmudar, learned Counsel for the petitioner and Mr. Chauhan, learned AGP for the respondent authorities. It is an admitted position that the petitioner was the government employee occupying the government quarter. The points which are raised in the petition are concluded by the decision of the Division Bench of this Court in the case of "N.K. PARMAR AND ORS. V/S. STATE OF GUJARAT AND ORS." REPORTED IN 1992(2) GLR, 1508. Even otherwise also no government employee who is occupying the quarter can assert as of right that the quarter should be sold to him by sale or hire purchase by the Government. As such the Government quarters are meant for occupation by the employees who may join the service or who are posted by transfer. The petitioner is a retired employee and, is therefore, he is bound to vacate the quarter. If such a view is not taken, the in consequence would be that no other government servants, who are employed subsequently or who are posted thereafter will have no quarters available for occupation. Therefore, the relief prayed in this petition cannot be granted and the interim relief granted deserves to be vacated.

(3.) However, Mr. Majmudar, learned Counsel for the petitioner submitted that in view of the interim order passed by this Court the petitioner continued to occupy the quarter and he has vacated the quarter in the year 2003, but, as the quarter is vacated in the year 2003, the Authority is deducting the market rent as now prevailing for the period from 1998 to 2003 =