A K RATHOD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner is serving'as a Range Forest Officer. When he was transferred from Kathlal to Baroda, he was allotted Government quarters on 26-5-1990. The petitioner was thereafter transferred to Rajpipla on 8-12-1994. However, the petitioner continued to retain the possession of the quarters at Baroda till 3-6-1995. It appears that on 15-9-1995, the petitioner was served with a communication calling upon him to pay Rs. 8.815.00 being the amount of rent recoverable from the petitioner since December,' 1994.

(2.) The petitioner on 16-10-1995 replied to the said communication. After considering the reply, the City Executive Engineer (R and B), Vadodara, modified the earlier order and directed the petitioner to pay Rs. 7,724.00 according to the following break-up : <FRM>JUDGEMENT_602_GLR1_1999Html1.htm</FRM>

(3.) In spite of paying the said amount, the petitioner made a representation to the Collector and Chairman of the District Quarters Allotment Committee on 23-2-1996. It further appears that on 19-3-1996, the Deputy Conservator of Forest, Nadiad, passed an order directing the petitioner to pay an amount of Rs. 7,724.00 and to obtain no-due certificate from the office of the Executive Engineer. It is further stated in the said order that if the petitioner fails to pay the said amount, his salary and other payments shall not be released. Despite the aforesaid, the petitioner made another representation to the Executive Engineer on 27-3-1996 against the said order dated 19-3-1996 and the Executive Engineer on 9-4-1996 informed the Deputy Conservator of Forest, Nadiad not to effect recovery from the salary of the petitioner till his office has received further letter in that behalf on the ground that the application of the petitioner is under consideration. The Deputy Conservator of Forest vide his communication dated 2-9-1996 informed the petitioner that his representation has been rejected and the petitioner was. therefore, called upon to make payment of the amount of Rs. 7,724.00 and obtain no-due certificate failing which he was informed that he will not be paid any dues by the Government. The Executive Engineer also informed the Deputy Conservator of Forest vide his letter dated 30-8-1996 to effect immediate recovery of the amount of Rs. 7,724.00. The petitioner even, thereafter, made one more representation dated 17-12-1996 to the Executive Engineer and lastly the petitioner made a representation dated 29-5-1997 to the Deputy Secretary to the Government of Gujarat. Since no favourable reply was received by the petitioner from the State Government, the petitioner has approached this Court.