R.R.PRASAD, J. - (1.) This writ application has been filed praying therein a writ in the nature of certiorari for quashing the order as contained in memo No. D -34/60/Ch VII dated 7.4.2005 (Annexure 13) whereby respondent No. 5 directed the petitioner to vacate the quarter No. B -III -502(T).
(2.) IT is the case of the petitioner that the petitioner is an Ex -Army personnel and is presently working as Postal Assistant, in the Post Office at Doranda, Ranchi, he was allotted with the quarter No. B -III -502(T) by the Department and pursuant to order of allotment, the petitioner occupied the aforesaid quarter on 17.9.2004 and since then, he has been paying rent, electric charges, etc. While the petitioner was in occupation, respondent No. 1, Heavy Engineering Corporation got it notice issued in the newspaper for grant of Long Term Lease of the quarter on a consideration of the payment of the money stipulating therein and also deposited of earnest money. Thereafter the petitioner deposited a sum of Rs. 16,600/ - under demand draft as earnest money, receipt of which was also granted to the petitioner but when nothing was done by the respondent in respect of settlement of the quarter under Long Term Lease, in spite of permission being granted by the Department to the petitioner and others for allotment of quarter under Long Term Lease, petitioner made several representations indicating therein that petitioner is always ready to deposit rest of the amount, i.e., Rs. 1,40.000/ - for the allotment of the said quarter on Long Term Lease. In the meantime, respondent No. 5 directed the petitioner to shift in another quarter for which options were given for three quarters but when those quarters were not found suitable, the petitioner made them clear that he is not interested in occupying any of those quarters. Subsequently, respondent No. 5 without any rhyme and reason directed the petitioner to vacate the quarter, vide his letter dated 7.4.2005 (Annexure 13) which is under challenge. The case of the respondents as has been made out in the counter affidavit is that the quarter in question was allotted by the Heavy Engineering Corporation Limited not to the petitioner but to the Senior Superintendent of Post Office, Ranchi for allotment to its employees for accommodation and not for the purpose of leasing it out to any individual employee of Postal Department and, therefore, the petitioner is never entitled to have the quarter settled in his favour under the policy of settlement of quarter under Long Term Lease. Still when the petitioner had applied for settlement of the Long Term Lease, the respondent asked for no objection certificate from the Postal Department but the Postal Department categorically intimated, vide its letter dated 19.8.2002 (Annexure 2 of the counter affidavit) therein that quarters have been allotted to the Postal Department, therefore, those quarters should not be allotted to any individual. In the meantime, one of the ex -employee applied for allotment of the said quarter under Long Term Lease and also deposited the full consideration money and, therefore, the petitioner was asked to vacate that quarter and option was also given to the petitioner to move to any other quarter of the 'B Type' which was allotted to the Postal Department. But the petitioner did not vacate the quarter and therefore, respondent made a request to the Senior Superintendent of Police, Ranchi for doing needful, who also asked the petitioner to vacate the quarter and to shift to any other quarter which is being provided by the Heavy Engineering Corporation but the petitioner did not vacate the quarter and therefore, suitable action was taken under the law for getting the petitioner evicted and even the order of eviction has been passed, still the petitioner is occupying the said quarter even though appeal preferred by the petitioner against the order of eviction has been dismissed.
(3.) IT be stated that Smt. Ghuna Devi on filing intervention petition was allowed to be added as respondent No. 6. Her stand is that her husband being ex -employee was allotted the quarter on application being made for settlement of quarter on Long Term Lease and on payment of entire money but still she on the death of her husband, being not allowed to have occupation of that quarter.;