M RAMAMURTHY Vs. PENSION PAY OFFICER

JUDGEMENT

(1.) The Writ Petition is a clear abuse of process of court. The petitioner, who was working as a Police Constable got retired from service on 31.5.2009 and he is yet to vacate the quarters allotted to him in No.7, G-Block, Anna Nagar Police Quarters, Chennai. The petitioner has now come forward to file the present Writ Petition seeking for a direction to the 2nd respondent not to force him to vacate the quarters occupied by him, intimated to him by memo dated 19.3.2009, until the settlement of his retirement benefits.

(2.) Such a plea raised by the petitioner cannot be countenanced by this Court. The allotment of quarters is entirely discretion of the respondents and it is not part of the conditions of service available to members of the police force like the petitioner. The petitioner having got retired in May 2009 cannot continue to be in occupation without any justification and without any law being in his favour. It is one thing to state that the terminal benefits have not been settled. The petitioner can always avail the legal course for having the terminal dues settled. But, that by itself cannot be used as a lever for continuous occupation of the quarters, which is allotted to him while he was in service.

(3.) In the light of the above, no case is made out. The Writ Petition stands dismissed. No costs. The connected Miscellaneous Petition stands closed.