M.H.S.Ansari, J. - (1.) -The petitioner has prayed for reliefs, inter alia, as under; "(A) Issue a writ of and/or in the nature of Mandamus commanding the respondents, their men and agents and each of them to forthwith issue further permanent allotment order of the Quarter No. 1 Type-II Block A or any other eligible Type-II family quarter in 122 Bn. BSF at Tagorevilla, Alambazar, Calcutta-700035 in favour to the petitioner and set aside and/or quash the letter dated 27.2.2001 being annexure 'F' hereto; (B) Issue a further writ of and/or in the nature of Mandamus commanding the respondents, their men and agents and each of them to forthwith stop deduction of any sort of penal rent and/or Rs. 2110/- per month from the salary of the petitioner in respect to the said allotted quarter."
(2.) It is the case of the petitioner that he was transferred to Kashmir with 22nd Battalion and was seriously injured by Kashmir militants and he was admitted to the Army based hospital on 8.1. 1992. Thereafter, he was shifted to All India Institute of Medical Science, Delhi where he was kept upto April, 1992 and subsequently from April, 1992 to July, 1994. The petitioner was admitted in BSF Hospital in R.K. Puram, New Delhi. Thereafter, he was posted to 115 Battalion in BSF Tegorevilla. Petitioner relies upon the certificate of the Medical Board being Annexure 'A' wherein it was declared that percentage of disability was 70%. The said certificate was recommended for two years and the petitioner was required to appear before the next Board due after two years.
(3.) A residential quarter being No. 8 Type II Block A was allotted in favour of the petitioner. The same was on the third floor but by mutual arrangement with the occupier of quarter No. 1 Type II in the ground floor, petitioner occupied quarter No. 1 Type II on the ground floor and has been living there with his family. Representations were made by the petitioner for allotment of quarter No. 1 Type II and it is the case of the petitioner that the Commandant (RR) by his letter dated October 30, 2000 informed the Commandant, 122 Battalion, BSF that permission has been granted to the petitioner to live in that quarter in which he has been living now. (annexure 'C').;