- (1.) SEEKING a direction upon the respondents for allotment of Quarter No. 4A/D1147 on lease basis under the SAIL Scheme2002 and for seeking quashing of letter dated 30.10.2012, the present writ petition has been filed. Prayers for declaration of the recovery made on account of lease rent etc. between the year, 2001 to 2003 and for quantifying the loss amount at Rs. 1500/ per month for about 11 years have also been made in the present writ petition.
(2.) BRIEFLY stated, the petitioner is employed with the respondentSAIL. Initially, he was allotted Quarter No. IVGD2006, Sector IV however, on the request of the petitioner Quarter No. 4A/D1147 was allotted to the petitioner vide letter dated 04.12.2001. However, only 15 days thereafter, allotment of Quarter No. 4A/D1147 was cancelled vide letter dated 19/20122001. The petitioner approached this Court in W.P.(C) No. 233 of 2002 in which vide order dated 09.01.2002 a direction was issued not to evict the petitioner from the quarter in question. Finally, vide order dated 31.10.2002, the writ petition was allowed however, the petitioner was directed to vacate Quarter No. IV/GD/2002, if not yet given, within one month. In the meantime, the petitioner submitted application dated 13.12.2001 seeking allotment of Quarter No. 4A/D/1147 on lease under SAIL Scheme2001. The petitioner thereafter submitted letter dated 17.05.2002, 10.07.2002 and 27.10.2002 and requesting for lease under the said scheme and finally, on 30.11.2002 a legal notice was issued to the respondents however, no allotment was made in favour of the petitioner. Constrained, the petitioner moved this Court in W.P. (C) No. 84 of 2012 which was disposed of vide order dated 13.08.2012 permitting the petitioner to approach respondent no. 4 by preferring a fresh representation. The petitioner thereafter, submitted his representation on 01.10.2012 which has been rejected vide letter dated 30.10.2012 and therefore, the petitioner has approached this Court.
(3.) A counteraffidavit has been filed on behalf of respondentSAIL stating that an unauthorised occupant was not eligible to obtain quarter on lease as per Clause 5.3 of the Brochure of "SAIL Scheme for Leasing of House to Employees2001". The petitioner did not apply in prescribed format for allotment on long term lease and he did not pay earnest money. The petitioner retained both the quarters during the period 05.12.2001 to 10.11.2003 for which penal rent of Rs. 10,434/ was deducted from his salary. Mr. V. P. Singh, the learned Senior counsel appearing for the petitioner submits that, the reasons for rejection of the representation of the petitioner for allotment of quarter on long term lease basis, as reflected in letter dated 30.10.2012 are patently wrong and thus, not sustainable. It is stated in letter dated 30.10.2012 that the petitioner did not submit application seeking allotment under "SAIL Scheme for Leasing of House to Employees2001" which is not correct. Another reason for rejection is that the petitioner did not furnish documents which is also not proper because the respondent authority should have given opportunity to the petitioner for submitting documents. It is thus, submitted that since the respondents illegally denied allotment to the petitioner, a direction is required to be issued to the respondent SAIL for allotment of quarter on long term lease basis to the petitioner.;