PATHAN SARDARKHAN HATHIKHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) There are four petitioners in Special Civil Application No. 4443 of 1995 and one petitioner in Special Civil Application No. 4901 of 1995. All the five petitioners are Constables and have retained Government allotted quarters even after their transfers, which were made in the year 1989, 1990 and 1991. Both the petitions raise common questions of facts and law and, therefore, both these petitions are decided by the common judgment and order as under :

(2.) Rule had been issued in these cases and today the matters were taken up for final hearing on the request of both sides.

(3.) The petitioners herein could retain the Government allotted quarters at the place wherefrom they have been transferred for a period of two months on the economic rent and, thereafter, the rent to be paid at the market rate determined by the Government. Although the learned Counsel appearing for the respondent No. 4 Mr. Chhatrapati has submitted that after the expiry of two months they are unauthorised occupants in the respective quarters and are liable to be evicted, the learned Counsel for the petitioners has raised the grievance that they have not been allotted quarters at their new place of posting and, therefore, they were authorised to retain the quarters at the place wherefrom they have been transferred. The learned Counsel for the respondent No. 4 submitted that the quarters could not be allotted to them at their new place of posting as none of the petitioners ever applied for allottment of such quarters at the new place of posting.