DIPTIMOY BANERJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) On consent of the parties the appeal is treated as on day's list and is taken up for disposal along with the application for stay of operation of the order dated 7th April, 1999, passed by the learned single Judge rejecting the writ petition filed by the appellant.

(2.) On or about 11th February, 1970, the appellant was allotted a Government flat, being Flat No.1, in the ground floor of Block L/O at Old Dog Race Course, Police Station-Behala, Calcutta-700038, at a monthly rental of Rs. 95/-, payable according to the English calendar. The appellant, who was at the relevant point of time working as an officer in the United Bank of India, retired from service in the year 1992, but continued to occupy the said flat even after his retirement.

(3.) According to the appellant, after his retirement he worked as auditor for different Chartered Accountant firms and for the said purpose he had to visit different places all over India and during his absence from Calcutta his wife and daughter used to reside with his wife's parents at Dhakuria for purposes of security as there was no other male member in the appellant's family. During such periods, the flat used to be kept under lock and key.