- (1.) Aggrieved by order dated 17.07.2009 (in all cases) passed by the Estate Officer-cum-Regional Commissioner, Coal Mines Provident Fund (CMPF), R-1, Ranchi in PR Case No. CPF/1(i) Estate/Eviction/Pv.-1/Ranchi and order dated 31.08.2012 in Misc. Appeal No. 16 of 2009 [in W.R(C) No. 7640 of 2012], order dated 08.05.2012 in Misc. Appeal Nos. 13/2009, 14/2009, 15/2009, 17/2009, 18/2009, 19/2009, 20/2009, 21/2009 and 22/2009 [in W.E(C) No. 3777 of 2012] and order dated 31.08.2012 in Misc. Appeal No. 11 of 2009 [in W.P.(C) No. 390 of 2013], the petitioners have approached this Court.
(2.) The brief facts of the cases are that, the petitioners were employees of Goal Mines Provident Fund (CMPF) at Ranchi and they were allotted quarters on different dates. About 44 quarters at Harmu Housing Colony were leased out to CMPF for its employees at Ranchi Regional office. A Committee was constituted to take a decision whether those 44 quarters should be retained by the CMPF or whether those quarters should be leased out on long term basis to its employees or sold out-rightly. The matter was discussed as Item No. VI in the meeting held on 29.07.2004 in which two options were explored viz, (i) those quarters should be demolished and new houses should be constructed and, (ii) the quarters should be allotted to the ex-employees on long term lease basis. Since the quarters were not formerly registered in the name of CMPF, the matter was deferred and it was decided to take necessary steps in the matter.
(3.) The learned counsel appearing for the petitioners submits that since those quarters were in dilapidate condition, the CMPF considered not to maintain or repair those quarters and option was given to the employees to maintain the quarters. A proposal was moved for allotment/sale of those quarters to the employees of CMPF on long term lease basis. Merely because finally the Board decided not to allot the quarters to the petitioners, the petitioners have been treated as unauthorised occupants and proceeding under Section 4 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 was initiated by issuing notice dated 02.03.2009. Before the Estate officer the above facts were narrated by the petitioners by filing reply however, the Estate officer on an erroneous assumption that the petitioners are unauthorised occupants of the public premises, ordered eviction of the petitioners. The appeal filed by the petitioners vide Misc. Appeal No. 16 of 2009 and Batch cases were also dismissed holding that the petitioners are unauthorised occupants of the quarters belonging to the CMPF. In these facts, it is submitted that the petitioners who were allotted quarters by their employer way-back in the year, 1980, in view of the subsequent development whereby a proposal was moved for allotment of the quarters in favour of the petitioners, they cannot be treated unauthorised occupants and therefore, the orders impugned in the present proceeding are liable to be quashed.;