LAWS(GAU)-2023-9-64

DIGANTA TALUKDAR Vs. STATE OF ASSAM

Decided On September 08, 2023
Diganta Talukdar Appellant
V/S
STATE OF ASSAM Respondents

JUDGEMENT

(1.) The instant writ petition has been filed by the Petitioner seeking a writ in the nature of certiorari to set aside the ousting of the Petitioner from his allotted Government quarter i.e. Cottage No.6 in order to accommodate the Private Respondent No.5; for a writ in the nature of mandamus directing the Respondent Authorities not to oust the Petitioner from his allotted Government quarter i.e. Cottage No.6 as well as also a writ in the nature of mandamus directing the Respondent Authorities to provide reasonable accommodation and appropriate barrier free and conducive environment to the Petitioner.

(2.) The facts involved in the instant case are that the Petitioner claims that he is a 100% visually impaired person working as a "Proof Reader" in the Government Braille Press, Basistha under the Directorate of Social Welfare, Assam. On 16/3/2009, the Manager, Government Braille Press, Basistha issued an office order by which the Petitioner was allotted a Government Braille Press quarter bearing Cottage No.6 which is near the Government Braille Press office for residential accommodation. The Petitioner along with his family started to reside in the said allotted Government quarter.

(3.) It is further seen from a perusal of the writ petition that the Petitioner claims that the said Government quarter i.e. Cottage No.6 was in a dilapidated condition for which the Petitioner time and again requested the Respondent Authorities to repair/renovate the Cottage No.6. However as nothing was done, on 19/7/2021, the Petitioner issued another communication to the Manager, Braille Press, Basistha stating inter alia that he was facing difficulties in staying in the said Cottage No.6 due to its deplorable and uninhabitable condition. The Petitioner also informed the Manager, Braille Press to repair/renovate the Government quarter, else he would be forced to shift to a rented house. As nothing was done, the Petitioner vacated the said Government quarter i.e. Cottage No.6 and shifted to a rented house. This aspect of the matter was duly informed to the Manager, Government Braille Press vide a communicated dtd. 29/10/2022. The Petitioner also requested the Manager of the Government Braille Press to provide house rent allowance that was previously deducted from his salary.