VIJAY KUMAR SINHA Vs. H.E.C.

JUDGEMENT

(1.) . Heard the parties on the interlocutory application dated 1.12.2000 filed by the petitioner wherein a prayer has been made for directing the respondents not to coerce him to vacate the quarter and also not to coerce him to pay rent at the market rate till the entire retrial dues of the petitioner are paid.

(2.) MR . Ajit Kumar, in course of argument put heavy reliance on the judgment passed by a Bench of this Court in CWJC No. 332/99K and also the order passed in CWJC No. 2857/98(R).

(3.) IN the instant case it has not been disputed by the petitioner that after his retirement he was called upon by the respondents HEC vide letter dated 24.5.99 (Annexure 3 to the writ application) to vacate the quarter and to receive all the retirement benefits. Pursuant to that the petitioner vacated the quarter and was accordingly paid all the retirement benefits. The petitioner then claimed that further amount by way of retirement benefits and R.T.A. on the basis of revised pay scale is also due and payable to the petitioner. Simultaneously the petitioner applied that a quarter be allotted to him on the basis of a lease and licence. The petitioner was thus allotted a quarter on the basis of lease under certain terms and conditions including that of rate of rent payable by him. When the period of lease/licence expired, the petitioner approached the respondents HEC by making an application on 20.6.2000. A copy of the hand written application has been annexed by the petitioner as annexure 8A to the reply of the counter affidavit. The letter written by the petitioner in his own handwriting reads as under: - -