High Court Kerala High Court

Smt.B.Prasanna vs The Dirstrict Collector on 21 May, 2010

Kerala High Court
Smt.B.Prasanna vs The Dirstrict Collector on 21 May, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 14915 of 2010(L)


1. SMT.B.PRASANNA, AGED 54 YEARS,
                      ...  Petitioner

                        Vs



1. THE DIRSTRICT COLLECTOR, ALAPPUZHA.
                       ...       Respondent

2. THE EXECUTIVE ENGINEER,

3. THE ASSISTANT ENGINEER,

                For Petitioner  :SRI.S.SHANAVAS KHAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :21/05/2010

 O R D E R
                        ANTONY DOMINIC, J.
                     ================
                 W.P.(C) NO. 14915 OF 2010 (L)
                 =====================

             Dated this the 21st day of May, 2010

                           J U D G M E N T

Petitioner was a Class IV employee in the MACT, Alappuzha,

who retired from service on 31/3/2010. Her request for continued

occupation of the quarters alloted to her has been turned down,

and therefore the writ petition has been filed.

2. Admittedly, allotment and occupation of quarters is

governed by the Kerala Government Servants Quarters Allotment

and Occupation Rules 1975. Rule 16(III) of the rule provides that a

retired employee can occupy quarters for a maximum period of

six months or till April 30th, whichever is earlier. Petitioner having

retired on 31/3/2010 cannot claim to occupy the quarters beyond

30th of April. Therefore, she has no right to continue occupation

of the quarters. Added to this, learned Government Pleader also

submits that there is an acute shortage of quarters in the area

and that there are pending applications for allotment. In such a

situation this Court will not be justified in issuing the order as

sought for, for continuing occupation of the quarters in question.

Writ petition fails and is dismissed.

ANTONY DOMINIC, JUDGE
Rp