R.R.PRASAD, J. - (1.) This writ application has been filed for issuance of a writ for a direction to the respondents to allot a quarter bearing No. B 1801/II on long term lease by adjusting retrial dues of the deceased AT. Pandey to be paid to the petitioner.
(2.) THE case of the petitioner is that the petitioner's brother AT. Pandey joined Heavy Engineering Corporation in the year 1963 and served the Corporation till his retirement on superannuation on 30.6.2001. Subsequently, when the Corporation came forward with the scheme of settlement of quarters to its employees including retired employees on long term lease, the petitioner applied for it but before any order in this respect could be passed, petitioner's brother who was issueless died and even his wife had predeceased him. Thereupon, the petitioner being brother of the said A.T. Pandey applied for payment of retrial dues including gratuity, upon which petitioner was asked for to come with the succession certificate. Therefore, the petitioner applied before the competent court of law for grant of succession certificate which was granted to the petitioner on 4.5.2005 and thereafter petitioner approached to the authority for long term settlement of the quarters by making adjustment of the retrial dues but neither the quarter was settled for long terms lease nor retrial dues was paid to the petitioner, though he is having succession certificate which act of the respondent is quite arbitrary and hence the authority be directed to settle the quarters after making adjustment of the retrial dues. - - Learned Counsel appearing for the Heavy Engineering Corporation submits that the petitioner, a younger brother of ex -employee late Ashutosh Pandey is in unauthorized occupation of the quarters bearing No. B -1801/II, who in terms of the provision of the scheme cannot be allotted with quarters as the petitioner under the scheme being not dependent upon the deceased ex -employee, is not eligible though he is having succession certificate but that is related to the payment of dues.
(3.) IT was submitted that the respondent is under obligation to make payment of admitted dues to the petitioner after adjustment of the dues what is due to Corporation and subject to vacation of Corporation's quarters which is under unauthorized occupation of the petitioner. Thus, the petitioner is not entitled to any relief whatsoever.;