ARJUN BABLOO TUKARAL Vs. G V JAVALKAR

JUDGEMENT

(1.) R.S. BHONSALE,

(2.) TWO interesting points of considerable importance, which may have important bearing on the relationship of the Railway administration with their retired employees arise for determination in this petition filed by one Arjun Babloo Tukaral, an ex-employee of the Western Railway, Bombay. In order to appreciate these points, necessary undisputed facts which lie within a narrow compass may be stated as follows : The petitioner Shri Arjun Babloo Tukaral, who was employed as a Gang Man under the Western Railway at Parel and was allotted a Railway quarter being Quarter No. 171, Room No. 14, Bandra (West), Bombay-400 050, it is alleged, without payment of any rent on account of his employment. Admittedly the petitioner retired from the service of the Western Railway on December 31, 1977. Even after his retirement from service the petitioner did not vacate the said quarter in spite of the notice being served upon him in January 17, 1978 calling upon him to hand over the vacant possession of the said quarter. As the petitioner did not vacate the said quarter, respondent No. 1 who is Personnel Inspector, (Settlement), Western Railway, Bombay Central, filed an application under section 138 of the Indian Railways Act, 1890 in the Court of the Metropolitan Magistrate, Bombay Central, Bombay for eviction of the petitioner from the said quarter belonging to the Western Railway. In the said application these facts were briefly stated and it was prayed that any competent police officer be ordered with proper assistance to enter upon the said quarter and remove any person found therein and take possession thereof and to deliver the same to the Railway administration or to a person appointed by the Railway administration in that behalf. The application was made on behalf of the Railway administration and signed by respondent No. 1 in his capacity as Personnel Inspector (Settlement), Western Railway, Bombay Central, Bombay and was dated September 14, 1978. Upon this application being presented to the learned Metropolitan Magistrate, 36th Court, Bombay Central, Bombay, the learned Metropolitan Magistrate issued the following notice to the petitioner Arjun Babloo to show cause why a warrant of eviction should not be issued against him. The notice issued by the learned Metropolitan Magistrate is dated September 14, 1978. The said notice of the learned Magistrate reads as follows: "To, Shri Arjun Babloo Whereas on 14-9-1978 an application has been made by Shri G.V. Javalkar Bombay to this Court that you were employed in Western Railway as Gangman at Parel and you are occupying Quarter No. 171 2/M. 14 at Bandra, Bombay and you have been retired from the services of the Western Railway since 31-12-1977 and that you have not vacated the said quarter though you were served with a notice on 17-2-1978 to do so. You are hereby required to attend this Court on 25-9-1978 to show cause why a warrant of eviction should not be issued against you herein fall not. Given under my hand and the seal of the Court Dated this 14th day of September 1978. Sd/- For Metropolitan Magistrate, 36th Court, Bombay Central, Bombay".