HON’BLE SRI JUSTICE GHULAM MOHAMMED W.P.No.680 of 2000 O R D E R: This writ petition is filed for issue of a writ of Mandamus declaring that the letter dated 10.06.1999 issued by the 2nd respondent in directing to vacate single room barrack 104 and deducting Rs.1500/- from salary as penal rent is highly arbitrary and illegal and consequently direct the respondents to pay the amount already deducted at the rate of Rs.1500/- per month as penal rent. It is the case of the petitioner that the petitioner was appointed as Mazdoor in the year 1976 in the Singareni Collieries. In the year 1980, he was promoted as Short Firer and posted at 8-incline mine, Godavarikhani. As he was eligible for a quarter, he was allotted a quarter at Godavarikhani. After completion of 10 years he was promoted as Mining Sardar and also provided Special-D Quarter. Thereafter he was transferred to Bhoopalpalli from Godavarikhani as Overman (Senior Supervisor). The petitioner was also provided temporary accommodation in single room barracks. The respondents also issued quarter allotment letter dated 23.06.1998. As per the said letter, Barracks 74 was allotted at Pilot Colony Bhoopalpalli. Thereafter quarter B 104 was allotted instead of B-74. A letter dated 10.06.1999 was served on him directing to vacate barrack type quarter and also directed him to produce vacation certificate within 7 days failing which penal rent of Rs.1500/- will be deducted from his salary. In pursuance of the said letter, the respondents deducting Rs.1500/- every month from his salary. The respondents have stopped deducting penal rent from October, 1999 and again from December, 1999 deducting penal rents from his salary without any reason. It is stated that cancellation of allotment of quarter and directing him to vacate quarter was made at the instance of some union leaders, and therefore, the action of the respondents in deducting penal rent of Rs.1,500/- and in directing to vacate Barrack No.104 is illegal and arbitrary. Heard both sides. The Company issued a notice to the petitioner in Ref: KTK 1 &1A/5-B dated 10.06.1999, which reads as under: “It is reported that you have quarter/barrck at Bhoopalpalli and in some other area also. You are advised to vacate and hand over the one quarter/barrack in vacant position to the company authorities and produce quarter vacation certificate within 7 days of receipt of this notice, failing which penal rent of Rs.1,500/- per month will be recovered as per Director (PA&W) Circular as 1) HAC/Corr/97/3274, dated 16.06.1997 and 2) P.40/5214/IR/825, dated 29.04.1998 from your wages salaries of June, 1999, payable in July, 1999. Further you are hereby informed that if you fail to vacate and handover, disciplinary action will be initiated against you besides recover of penal rent.” On 22.01.2000 this Court made the following order: “Notice before admission. In the meantime, the order impugned shall remain stayed subject to the condition that the petitioner is occupying only one quarter”. It is represented by the learned counsel for the respondents that the petitioner had vacated the quarter on 06.03.2000 out of the two allotted. Further the petitioner vide his letter dated 21.06.1999 has submitted an application and on his request the management has given one month time, but he further requested six days time to vacate the quarter at Godavarikhani and given liberty to recover penal rent in case he fails to handover the quarter within six days. It is stated that later, the petitioner again submitted another application dated 22.11.1999 for extension of time for one month. In these circumstances, the decision of the respondent in imposing penal interest @Rs.1,500/- per month is justifiable. In view of the same, I find no illegality in the order passed by the Company and the writ petition deserves to be dismissed and is accordingly dismissed. No costs. ___________________ GHULAM MOHAMMED,J 25th November, 2010. PNV