LALLAN THAKUR Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) The petitioner was an employee of the Railway Protection Force. While he was posted at Adra Division in the District of Purulia, he was provided with a railway quarter at a monthly rental of Rs. 40/- which was deducted from his salary. In the year 1992, he was transferred to Burnpur in the District of Burdwan. He alleges that the relevant Railway Rules and Circulars permitted him to stay in his allotted quarter at Adra even after his transfer. The petitioner decided to retain the quarter for facilitating his children to prosecute their studies there.

(2.) On August 22, 1992, the petitioner received a notice from the Divisional Security Commissioner, i.e., the respondent no. 4, informing him that the retention of his quarter was sanctioned at the normal rental on and from July 10, 1992 to September 9, 1992 and special license fee at the rate of Rs. 80/- per month from September 10, 1992 to April 30, 1993. Subsequently, he received a letter enhancing the rent to be paid by him as mentioned in the earlier order. The petitioner unsuccessfully challenged the same by a writ petition.

(3.) On July 22, 1993, the respondent no. 4 issued a letter for the recovery of rent at damage rate due to the unauthorized retention of the quarter at the rate and for the period as mentioned in the said letter. The petitioner was further directed to vacate the quarter. The second writ petition by him was disposed of by this Court on March 4, 2004, directing the respondents to dispose of the representation made by him after giving him an opportunity of being heard. An order of status quo was also passed which was to remain in force till the disposal of the representation.