LAXMI KANTA PATRA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has filed an instant writ petition praying for issuance of writ in the nature of mandamus commanding the respondent to cancel, withdraw and/or rescind and/or quash the order of demand dtd. 18/11/2011 issued by the Estate Manager and also commanding Foreign Trade Development Officer (FTDO), respondent No.4 herein not to release the alleged claim by the respondent No.2 from the salary or other monetary benefit of the petitioner.

(2.) Brief fact involved in the instant writ petition is as follows: the writ petitioner is a superannuated Group-D staff attached to the Foreign Trade Development Office controlled by the Union of India. He was allotted a Type II quarter being No.B-112 at Tollygunj Central Government Quarter on 22/11/1996. The petitioner took possession of the said quarter on the date of allotment and stayed there till 6/3/1998. On 9/2/1998 the petitioner wrote a letter to the Estate Manager expressing his willingness to surrender and vacate the said quarter with effect from 28/2/1998. On 5/3/1998 the petitioner wrote a letter to the Junior Engineer (Electrical) CPWD, Tollygunj Central Government Quarter Type II, Room No.B Flat No.112 requesting him to furnish electricity bill upto the month of February, 1998. On or about 19/3/1998 electric consumption bill in the month of December 1997, January, 1998 and February 1998 was issued in favour of the petitioner and he paid the entire electric bill and thereafter surrendered and vacated possession of the said flat to the authority. On 16/3/1998, the Foreign Trade Development Officer issued a certificate in favour of the petitioner certifying that the petitioner have already paid house rent till February 1998 which was deducted from his salary bill. As the petitioner paid house rent as well as electricity bill, the Estate Manager issued "no demand certificate" in favour of the petitioner on 27/1/2020. Thereafter the petitioner handed over vacant possession of the flat in question in favour of the respondents.

(3.) After a lapse of about two years and ten months, the Assistant Estate Manager wrote a letter dtd. 9/10/2002 informing the petitioner that "no demand certificate" issued in favour of him was withdrawn on the ground that the petitioner has not vacated the said government accommodation. It is the grievance of the petitioner that when the Estate Manager on examination of the entire record, electricity bill etc. paid by the petitioner in respect of the said flat issued "no demand certificate", the Assistant Estate Manager who is below the rank of the Estate Manager cannot quash the "no demand certificate" issued in favour of the petitioner in the year 1998. It is also stated by the petitioner that after vacating the said quarter, civil security inspected the room on the same date and thereafter the said room was locked by the civil security and the petitioner delivered possession of the said flat putting his signature on the relevant register maintained by the CPWD. On 10/10/2002 the Assistant Estate Manager demanded payment outstanding amount of Rs.6,817.00 in favour of the petitioner for his illegal occupation of the premises in question till November 2002 at the rate of Rs.134.00 per month. On 18/1/2003 the Estate officer issued a show-cause notice upon the petitioner stating, inter alia, that the petitioner had been continuing occupying the public premises, i.e. the said flat till 27/5/2003 without payment of rent. He was directed to appear before the competent authority on 9/4/2003. However on 18/6/2003 the Estate Officer issued notice under Sec. 5(1) of the Public Premises (Eviction Unauthorized Occupation) at to the petitioner. It is also submitted by the petitioner that the respondent No.2 knew that the petitioner surrendered the quarter with effect from 6/3/1998 on payment of all statutory dues. On 3/3/2003, Foreign Development Officer by a letter informed the respondent No.2 that he did not vacate the said flat and he is under obligation to pay outstanding license fee beyond the said period. However on 10/10/2003, the Assistant Estate Manager issued a notice to the Foreign Trade Development Officer (Administration) to direct the petitioner to pay a sum of Rs.2,42,931.00 towards the license fee for his unauthorized occupation till 27/8/2003.