NALINIKANTA MOHANTY Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioner challenges the legality of the order dated 24.07.2007 (Annexure -12) passed by the Orissa Administrative Tribunal, Cuttack Bench, Cuttack (for short 'the Tribunal) in O.A. No. 1034 (C) of 2003 by which the Tribunal has declined to interfere with the order dated 27.01.2003 passed by the Government in the Department of Water Resources directing the petitioner to retain the quarters No. D/10 located in M.I. Colony, Unit -IX, Bhubaneswar till 30.06.2003 on payment of market rent.

(2.) THE facts and circumstances giving rise to the present case are that the petitioner is a government servant working as Junior Engineer in the Department of Minor Irrigation. While working as such under Minor Irrigation Division, Bhubaneswar at Khurda, he was allotted with quarters No. D/10 located in M.I. Colony, Unit - IX, Bhubaneswar. Vide deployment order dated 28.02.2002 (Annexure -3) the petitioner had been directed to be deployed as Junior Engineer against vacancy in M.I. Section, Laxmipur under M.I. Division, Rayagada. But, Opp. Party No.2 vide its order dated 14.03.2002 (Annexure -4) directed to keep the said order dated 28.02.2002 (Annexure -3) in abeyance. Since the post of Junior Engineer, M.I. Division, Bhubaneswar had been abolished, a stop -gap arrangement was to be made adjusting the petitioner against the said vacancy in the same Division until further orders by order dated 21.03.2002 (Annexure -5). In the order of deployment dated 28.02.2002 (Annexure -3) which was subsequently cancelled by O.P. No.2 vide its order dated 28.12.2002 (Annexure -6) it was specifically mentioned that the petitioner was allowed to continue at M.I. Section, Nayagarh. On 31.07.2002 (Annexure -7), the petitioner made a representation to the opposite parties with a request to allow him to retain the quarters in question for that current year. Thereafter, the Superintending Engineer, Central Circle, Minor Irrigation, Bhubaneswar, Khurda (O.P.No.3) vide his order dated 19.08.2002 (Annexure -8) requested the Chief Engineer to allow the petitioner to retain the government quarters in M.I.Colony, Unit -IX, Bhubaneswar at least till the end of that year with usual rent. Subsequently, on 27.01.2003 Government in Water Resources Department vide its order under Annexure -11 considering the representation of the petitioner allowed him to retain the said quarters till 30.06.2003 on payment of market rent. Being dissatisfied with the order passed under Annexure -11, the petitioner filed O.A.No. 1034 (C) of 2003, which was dismissed by the Tribunal. Hence this petition.

(3.) LEARNED counsel for the State contended that the petitioner made a representation through the Executive Engineer, Minor Irrigation Division, Khurda (O.P.No.4) and the authorities after considering the representation allowed the petitioner to retain the said quarters till 30.06.2003 on payment of market rent, which is in consonance with the Resolution under Annexure -9.