RAM KISHORE TIWARY Vs. CHAIRMAN

JUDGEMENT

(1.) Heard learned counsel appearing for the appellant and learned counsel appearing for the respondents. The instant appeal is disposed of with the consent of parties at the admission stage itself on the very short question.

(2.) The petitioner-appellant, who was an employee of M/s. Hindustan Steelworks Construction Limited had offered for voluntary" retirement in the year 2002 which was accepted by the Manager of the Company. However, by letter dated 30.8.2003 (Annexure 1), he was allowed to continue occupation of the quarter allotted to him on deduction of normal rent till the entire backlog/benefits under the voluntary retirement scheme is paid to him. Some of the amounts were paid to the appellant as per the scheme but the dispute remained with regard to the payment of dearness allowance which was said to have been frozen. After payment of some amounts, when the appellant did not vacate the quarter, the respondent moved the Estate Officer under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971. The Estate Officer allowed the application and directed the appellant to vacate the quarter and also to pay market rent and damages as also the interest on the said amount. The appellant challenged the said order of the Estate Officer before the District Judge, Bokaro in appeal which was dismissed. Thereafter the appellant moved this Court by filing writ petition. The learned Single Judge by a reasoned judgment held that the appellant is in unauthorised occupation of the quarter and therefore, liable to pay rent, damages etc. Hence, this appeal.

(3.) Mr. Rajiv Ranjan, learned counsel appearing for the appellant drawn our attention to the Schedule Appended to the order passed by the Estate Officer and submitted that as against the normal rent which was payable by the petitioner with effect from 1.1.2005, the Estate Officer directed payment of market rent in addition to conservancy charge, electricity charges, damages and interest. For better appreciation the direction as contained in Schedule II to the order passed by the Estate Officer is quoted hereinbelow : Schedule - II 1. Arrear in respect of quarter in question w.e.f. 1.1.2005 till vacation of the quarter.