ORDER
M.Y. Eqbal, J.
1. Heard the parties on the interlocutory application dated 1.12.2000 filed by the petitioner wherein a prayer has been made for directing the respondents not to coerce him to vacate the quarter and also not to coerce him to pay rent at the market rate till the entire retrial dues of the petitioner are paid.
2. Mr. Ajit Kumar, in course of argument put heavy reliance on the judgment
passed by a Bench of this Court in CWJC No.
332/99K and also the order passed in CWJC
No. 2857/98(R).
3. The instant application has been filed by the petitioner for quashing the office order dated 13.1.99 whereby the respondents have been realising quarter rent at the market rate besides electricity charges and other charges from the superannuated employees who have been allowed to retain quarters till their retrial benefits are paid to them.
4. In the instant case it has not been disputed by the petitioner that after his retirement he was called upon by the respondents HEC vide letter dated 24.5.99 (Annexure 3 to the writ application) to vacate the quarter and to receive all the retirement benefits. Pursuant to that the petitioner vacated the quarter and was accordingly paid all the retirement benefits. The petitioner then claimed that further amount by way of retirement benefits and R.T.A. on the basis of revised pay scale is also due and payable to the petitioner. Simultaneously the petitioner applied that a quarter be allotted to him on the basis of a lease and licence. The petitioner was thus allotted a quarter on the basis of lease under certain terms and conditions including that of rate of rent payable by him. When the period of lease/licence expired, the petitioner approached the respondents HEC by making an application on 20.6.2000. A copy of the hand written application has been annexed by the petitioner as annexure 8A to the reply of the counter affidavit. The letter written by the petitioner in his own handwriting reads as under:–
To.
The Deputy General Manager, Estate Township, HEC Ltd. Ranchi.
Sub: Renewal of leave and licence against Qr. No. E-47/I.
Sir.
Respectfully this is to inform you that I was offered quarter No. E-47/I under L&L vide allotment Order No. 322 dt. 21.7.99. At present I am not in a position to vacate the said quarter due to my personal problems.
1. therefore request you to arrange to renew my L&L against Qr. No. E-47/I for further eleven months as per the rules. As desired I am herewith submitting the ap-
plication along with guarantees certificate (in duplicate) for your needful please. The H.R. is being deposited under protest as desired.
Thanking you in anticipation.
Yours faithfully.
Encl: as above.
Sd/V.K. Sinha.
Ex. D.M. C(R&M) H.Q.
Dt. 20.6.2000
P.N. 64880.
5. Now the petitioner has taken a stand that since the remaining part of the retirement benefits, as per the revised pay scale has not been paid, the petitioner is entitled to retain the quarter on normal rent. In my opinion the grievance of the petitioner is not justified. After the petitioner received the retirement benefits and vacated the quarter and after a quarter was allotted to him on the basis of a fresh lease/licence, the question of retaining the quarter after superannuation till payment of retirement benefits, comes to an end. Now there is no nexus between nonpayment of the alleged dues on the basis of revised pay scale and allotment of quarter on the basis of certain terms and conditions.
6. As noticed above, the petitioner was allotted a quarter on the basis of lease and licence under certain terms and conditions which has no concern with the service conditions of the petitioner. I am of the opinion that the petitioner cannot be allowed to say that till the writ application is disposed of. he will not be liable to pay rent at the rate either fixed under the agreement or the terms and conditions of the licence or at the market rate.
7. The interlocutory petition has. therefore, no merit which is. accordingly, rejected.
8. Petition rejected.
