GAJE SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) By way of filing the instant writ petition, the petitioner questions the legality and validity of the order dated 23.2.2001. Annexure-5 to the writ petition, passed by the Estate Officer, Controller of Defence Accounts (Army) Meerut, respondent No. 3 as well as the order dated 12.10.2001 passed by the Additional District Judge Court No. XI, Meerut in Misc. Appeal No. 118 of 2001, Gaje Singh v. Union of India and Ors., a copy whereof is filed and marked as Annexure-9 to the writ petition, whereby the petitioner is to pay Rs. 1,33.301 for unauthorised use and occupation of premises No. D.A.D. Quarter No. B-1/1, Lekhanagar, Meerut Cantt. after his retirement from the post of Section Officer.

(2.) The facts averred in the writ petition revealed that the petitioner was in service of the Union of India and was posted as Section Officer at the Controller of Defence Accounts (Army) Meerut Cantt. and was allotted the premises mentioned hereinabove in the preceding paragraph as an employee of the Department. It is further revealed from the averments made in the writ petition that the petitioner's retirement was proposed by the Department treating his date of birth to be 27.3.1927 against which he filed a Civil Misc. Writ Petition No. 29481 of 1985 before this Court which was allowed and according to the decision rendered by this Court, he was ordered to retire from his service with effect from 30.11.1985.

(3.) Although admittedly the petitioner retired from his service on 30.11.1985 but he continued to remain in unauthorized occupation of the allotted premises upto 8.7.1998 for which registered notice under Sub-section (3) of Section 7 of Public Premises (Eviction of Unauthorized Occupants) Act. 1971, was sent to him but after service of the registered notice, the petitioner did not file any objection or produce any evidence before Estate Officer respondent No. 3, hence respondent No. 3 has no alternative except to pass the impugned order on 23.2.2001, a copy whereof is filed and marked as Annexure-5 to the writ petition.