CHHETRAPAL SINGH Vs. STATE OF U P

JUDGEMENT

(1.) This writ petition has been filed seeking the equity relief by a person who does not know means. He has been a Judicial Officer, retired from the post of Additional District Judge, Moradabad on 31st July, 1998.

(2.) As per the provisions contained in the Fundamental Rules, a retired Government servant, after the retirement, is entitled to retain the accommodation for a period of one month on usual rent and, subsequently for a period of three months on standard rent. As four months' period expired on 30th November, 1998, petitioner did not vacate the accommodation allotted to him as an Additional District Judge, Moradabad. He was appointed Chairman of the District Consumer Forum, Moradabad in November, 1998. Thus, he moved an application before the District Judge, Moradabad that he should be permitted to retain the said accommodation. His application was referred to the High Court, however, the Court rejected the said application vide letter dated 30th April, 1999 and petitioner was directed to vacate the premises forthwith and to pay penal rent for the period he occupied the accommodation. The said letter was received by the petitioner on 4th May, 1999. However, petitioner did not consider it proper to ensure the compliance of the order passed by this Court and continued to occupy the accommodation and suddenly he sent a telegram on 9th September, 1999 to the District Judge that he had vacated the accommodation. Penal rent is being recovered from him. Hence, this writ petition.

(3.) Learned counsel for the petitioner could not furnish any explanation as to under what circumstances, after the order of the High Court rejecting his application for continuation in the accommodation on any terms and conditions, served upon him on 4th May, 1999, petitioner continued to occupy the said accommodation up to 9th September, 1999. More so, petitioner, under the statutory provisions as pointed out by his learned counsel Shri Tiwari, was entitled to occupy the accommodation only for a period of one month on usual charges and thereafter for three months on standard rent. Beyond the said period, petitioner is bound to pay the penal rent.