C.W.P NO. 11479 OF 2007 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P NO. 11479 OF 2007 DECIDED ON : 17.03.2009 Raj Pal Singh ...Petitioner versus PSEB and others ...Respondents CORAM : HON'BLE MR. JUSTICE SURYA KANT Present : Mr. Pawan Kumar, Senior Advocate with Mr. Swapin Shory, Advocate, for the petitioner. Ms. Madhu Dayal, Advocate for Mr. Chetan Dayal, Advocate, for the respondents. SURYA KANT, J. (ORAL) The petitioner is working as a Lower Divisional Clerk in the Punjab State Electricity Board (in short “the PSEB”). He is aggrieved at the order dated 18.07.2007 (Annexure P-7), whereby he was directed to vacate the residential quarter allotted to him by 31st July, 2007, failing which, he was liable to pay the penal rent. The petitioner's case appears to be that he had requested and given an undertaking that he may be permitted to retain the residential quarter for a period of three years as his children were too small to be shifted to any other place. His request was acceded to and he was allowed to retain the quarter but even before the expiry of three years period on 31.05.2008, C.W.P NO. 11479 OF 2007 -2- the impugned order asking him to vacate the quarter was passed. While issuing notice of motion, a Division Bench of this Court stayed the operation of the impugned order (Annexure P-7). It is not in dispute that during the pendency of this writ petition the petitioner as per his undertaking has vacated the quarter w.e.f 01.06.2008. It appears that notwithstanding the interim stay granted by this Court, the respondents had deducted the penal interest from the petitioner @ Rs.4000/- per month which has, however, been now refunded to him. The only issue which survives for consideration is as to whether or not the petitioner is liable to pay penal rent for the period from 01.08.2007 till 31.05.2008. Having heard learned counsel for the parties at some length and considering the mitigating family circumstances pleaded by the petitioner for the purpose of retention of the quarter till 31.05.2008, I am of the considered view that no case to charge penal rent from the petitioner is made out. Consequently, the writ petition is disposed of with a direction that since the petitioner has already vacated the quarter w.e.f 01.06.2008, only normal rent, if already not paid, shall be recoverable from him and no penal interest shall be charged. Disposed of. MARCH 17, 2009 (SURYA KANT) shalini JUDGE C.W.P NO. 11479 OF 2007 -3-