- (1.) HEARD the learned advocates appearing for the parties.
(2.) CHALLENGING the Judgment and order dated 1st February, 2005 passed by the learned Trial Judge in the writ application as moved by the employees of the present appellants claiming their legal right to enjoy their house rent allowance irrespective of their refusal to stay in the accommodation allotted by the present appellants, whereby the learned Trial Judge allowed the writ application directing payments of house rent allowance on the ground that before stopping the house rent allowance they were not heard personally with liberty to decide the issue by hearing the writ petitioner Nos. 2, 3, 4 and 5 because the other writ petitioner No. 6 since was transferred from the concerned area did not urge his grievance in the writ application, this appeal has been filed by, the Company, Coal India Limited, a Government Company along with its officers assailing the said Judgment under appeal.
(3.) THE fact of the writ application in a nutshell is to this effect. The writ petitioner Nos. 2 to 6 while working in the Executive posts at dankuni Coal Complex situated at Dankuni, District-Hooghly, admittedly was provided with official accommodation. But they sought permission to construct their own houses in the area in question which was granted by the authority and on taking loan from the said Company they constructed their own house and started to live therein by leaving official accommodation with a right of enjoying house rent allowance till the impugned decision of the writ application was taken in the year 1999. By the impugned decisions which were taken in respect of the respective writ petitioners being the decision dated 8th July, 1999, the appellant company refused to pay any house rent allowance as they did not agree to occupy the quarters allotted to them despite the offer letter of such occupation was issued.;