SEN, J. - (1.) .The petitioner at all material time was holding the post of Professor of Medicine, Medical College and Hospital, Calcutta. By an order dt. 28th Dec., 1967 the ground-floor, Flat No. 3, Block-I, Gariahat Housing Estate was allotted in his favour for use as his residence on payment of rent and taxes under R.225 of the West Bengal Service Rules, Part-I (Revised) with effect from the date of occupation. Pursuant to such allotment order the petitioner took possession of the said flat on 1st Feb. as a monthly tenant. By a subsequent order the petitioner was also allotted a garage being garage No. 22 of the said estate for the purpose of parking his car. On the prayer of the petitioner he was subsequently allowed to shift to flat No. 44 (1st Floor, Block-V) of the said Housing Estate and an order was also issued to that effect on 6th July, 1970 permitting him to shift to the new flat. Since 6th July, 1970 the petitioner has been in possession and/or occupation of the said flat No. 44, 1st Floor, Block-V at the said Housing Estate. On or about April, 1984 the petitioner retired from the Medical Service on superannuation. It is the case of the petitioner that while he was in Government service he started from 1973 correspondence with the Secretary, Public Works Department, Government of West Bengal and made a prayer that his existing flat be converted from the pool of the Public Works Department to the pool of the Housing Department and he may be treated as a monthly tenant in respect of such flat on payment of standard rent. The petitioner has further submitted that the Government earlier on various occasions have allowed such conversion to be made from the pool of the Public Works Department to the pool of the Housing Department and have allowed such facilities to the occupant thereon to continue in occupation as a monthly tenant on payment of standard rent. The petitioner in this connection has submitted a chart showing number of such tenants who have been given the privilege of such conversion. A chart showing the names of such persons who have been given such facilities or privileges has been incorporated in Para 10 of the petition. Apart from his representation for conversion on 30th Mar., 1973 to the Secretary, Public Works Department, Government of West Bengal the petitioner also made subsequent representations on 29-10-76, 1-11-76, June 1977, 30th May, 1978, 8th Dec., 1979 and 20th April, 1983 and repeatedly prayed for conversion and submitted that he was also to be accepted as a monthly tenant since other similar allottees were accepted as monthly tenants as mentioned in the chart referred to hereinbefore. It is the case of the petitioner that the inaction on the part of the respondent-authorities in not considering his representation amounts to discrimination and violates the provisions of Art.14 of the Constitution since under similar circumstances various other allottees were given such benefits. It is the admitted position that no reply was given to any of the petitioner's representations starting from 30th Mar., 1973. In 1976 the State Government enacted West Bengal Government Premises (Tenancy Regulation) Act, 1976 (West Bengal Act XIX of 1976) (hereinafter referred to as the Regulation Act of 1976) to provide for the regulation of certain incidence of tenancy in relation to Government premises in West Bengal. In the said Act the expression "Government Premises" has been defined as any premises which is owned by the State Government or by a Government undertaking, but not to include the official residence of any person authorised to occupy the premises in consideration of the office which he holds under the State Government or a Government undertaking for the time being.
(2.) In S.3 of the said Act it had been provided inter alia that tenancy in respect of the Government premises shall stand automatically terminated without notice to quit where the tenant has (i) violated the terms of lease, or (ii) made default in making payment of the rent for 3 consecutive months.
(3.) On 31st Mar., 1984 the Deputy Secretary II, Government of West Bengal, Public Works Department, Common Service Branch issued an order directing that 10 flats mentioned in the said order dt. 31st Mar., 1984 which are now in the pool of Public Works Department, will revert to the Housing Department of the Government with the existing occupants with effect from 1-4-84.;