R.B. Mehrotra, J. - (1.) BY means of the present writ petition under Article 226 of the Constitution of India, the petitioner has prayed for a writ of mandamus commanding the respondents not to force the petitioner to vacate the official accommodation provided to him, Quarter No. 56 -A, Railway Protection Force Training Centre Colony, North Eastern Railway, Gorakhpur, and for a further writ of mandamus directing the respondents not to realise damage rate of rent at the rate of Rs. 15/ - per metre on the basis of the plinth area amounting to Rs. 894.60 per month. This Court has admitted the writ petition and passed a limited interim order in favour of the petitioner staying his eviction from the aforesaid quarter for a period of three months.
(2.) THE matter came up before me for extension of the stay order. I heard the learned counsel for the parties for the aforesaid purpose. After hearing the arguments of the learned counsel for the parties, I was of the opinion that vacating the interim order in the present matter will make the writ petition infructuous. For the aforesaid reason, I asked the learned counsel for the parties to argue their matter for final disposal to which they readily agreed and the writ petition was accordingly heard with the consent of the parties as per Rules of the Court. The petitioner working as Sub -Inspector, Railway Protection Force, Gorakhpur, was allotted a railway quarter on 26.12.1984 being quarter No. 56 -A, Railway Protection Force Training Centre Colony, North Eastern Railway, Gorakhpur. The petitioner was transferred in January, 1990 and on petitioner's request, the petitioner was permitted to retain the official accommodation till 30th June 1990, vide Annexure '2' to the writ petition. Thereafter, it is alleged in the writ petition that the petitioner made an application for permission to further continue to retain the aforesaid quarter. According to the petitioner, the petitioner was frequently transferred from one place to another place and in July, 1993, the petitioner was transferred to Chhapra Railway Station. The petitioner has alleged that he has not been allotted any quarter at the places where he was transferred. The petitioner has also stated that a deduction from the salary of the petitioner was being made since July 1990 at the rate of Rs. 15/ - per sq. metre as damage rent. The petitioner has alleged in his writ petition that the aforesaid damage rent is being arbitrarily charged from him and the same is without any authority of law. One of the grounds raised in the writ petition is that the respondents are going to evict the petitioner without cancelling the order of allotment passed in favour of the petitioner and they have also threatened to initiate proceedings for imposing penalty for not vacating the official quarter.
(3.) IN the counter affidavit, Railway Protection Force Rules, 1987, rule 120.2 has been referred to and relied upon for the purpose of showing that under the aforesaid Rules, it is a condition of service of the employee of the Railway Protection Force (hereinafter referred as R.P.F.) to vacate the official accommodation allotted to him on being transferred from his post. The contention of the learned counsel for the respondents is that in view of the aforesaid rule, no formal order for cancellation of the allotment order was required.;