IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE THIRTIETH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE SMT. JUSTICE T.MEENA KUMARI and THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL NO :635 of 2009 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 08/04/2009 in WP NO : 7298 OF 2009 on the file of the High Court.) Between: A.V.M. Reddy, S/o. A.V. Ranga Reddy, R/o. Q.No.3003/D, BHEL Town Ship, CISF Complex, BHEL, Ramchandrapuram, Hyderabad District. ..... APPELLANT AND 1 Union of India Rep by its Secretary, Ministry of Home Affairs, New Delhi. 2 The Commandant Central Industrial Security Force, BHEL(R) Unit, Hyderabad. .....RESPONDENTS Counsel for the Appellant: MR.K.RAMA KRISHNA Counsel for the Respondents: MR.A.RAJASHEKAR REDDY (ASST SOLICITOR GEN) The Court made the following Judgment: THE HON'BLE SMT. JUSTICE T.MEENA KUMARI and THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL No.635 of 2009 Oral Judgment: (Per Hon’ble Smt. Justice T. Meena Kumari) This writ appeal is directed against the order dated 8.4.2009 of the learned single judge made in Writ Petition No. 7298 of 2009, whereby and whereunder the learned single judge dismissed the writ petition with a direction to the 2nd respondent therein forthwith to pay the arrears of salary along with subsistence allowance for the month of November, 2008 to the appellant on his vacating the quarters. The appellant, who was a Constable working with the 2nd respondent was removed from service by order dated 2.1.2009. He also preferred an appeal against the said order and the same is said to be pending. He also made a representation to the 2nd respondent seeking to release the arrears of 6th Pay Commission and also permit him to continue in the quarter in question. Pursuant to which, the 2nd respondent issued the proceedings dated 7.3.2009 through which the appellant was permitted to receive a sum of Rs. 19,035/- towards 40% of pay and allowance of Sixth Pay Commission arrears and also the allowance of subsistence allowance subject to the appellant vacating the quarter in question and subject to the submission of Clearance Certificate apart from producing non-employment Certificate. Being aggrieved, the appellant filed the aforementioned writ petition before the learned single judge. By the impugned order, the learned single judge dismissed the writ petition. Hence the present appeal. Heard the learned counsel for the appellant and perused the impugned order. There is no dispute about the fact that the appellant has been removed from service and the appeal filed thereagainst is still pending. When once the appellant is removed from service, he has no legal right to continue in the quarter. In view of the fact that the appellant has been staying in the quarter in question despite the order of removal passed against him, the 2nd respondent was justified in passing the conditional order dated 7.3.2009. We therefore, do not find any reason to interfere with the impugned order of the learned single judge. The writ appeal fails and it is accordingly dismissed. However, in view of the peculiar facts and circumstances of the case, the appellant is granted time till 31.10.2009 to vacate the quarter in question. ___________________ T.MEENA KUMARI,J Date: 30th July, 2009 _________________ SANJAY KUMAR,J pnb