A S PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner an employee of the District Court, Surendranagar. filed this Special Civil Application before this Court and challenge has been made to the order dated 18.12.19841annexure 'F', of the District Judge, Surendranagar, under which it has been ordered that the market rent as fixed by the. Executive Engineer, Surendranagar, for Government (Revenue) Quarter No. 6 at the rate of Rs. 600/-p m. shall be recovered from the pay bill of the petitioner with effect from 1.1.1983 till the petitioner vacates the said quarter.

(2.) From the Special Civil Application, it appears that on the request of the petitioner, the recovery of the rent has been made at the rate of Rs. 300/- p.m. from his salary. This petition has been filed by petitioner on 28th August 1985 and by the time this petition has been filed, it may hot be in dispute that some amount would have been recovered towards the arrears of rent from the salary of the petitioner. However, further recovery has been stayed by this Court. The petitioner, under the order of respondent No. 2 dated 4.6.1983, was transferred from Surendranagar to Bajana. At Surendranagar, the petitioner was occupying the Government (Revenue) Quarter No. 6. The petitioner joined at Bajana on 14th December. 1983. Vide letter dated 8th December. 1983, the respondent No. 2 asked the petitioner to vacate the said Quarter but the same was not vacated by petitioner. The petitioner sent reply to the aforesaid letter vide his application dated 19th December. 1983 and showed his inability to vacate the Quarter for the reasons stated therein. It appears that the request for retention of the Quarter found favour, of the then District Judge. Surendranagar, as it comes out from the document annexure 'B'dated 14.6.1984, under which the petitioner was directed to vacate the said Quarter on or before 1st July, 1984. It also appears that thereafter the petitioner has not vacated the said Quarter and he approached to the Secretary. Legal Department. Government of Gujarat and also to this Court by way of representation but neither the Secretary nor this Court has passed any order in his favour. However, the Secretary to the Legal Department has only recommended to the District Judge, Surendranagar to permit the petitioner to retain the Government accommodation till the academic session is over, i.e., upto June, 1985.

(3.) The respondents have not filed reply to this Special Civil Application and as such, the averments made therein stand un control verted.