LPA No. 71 of 2010 1 In the High Court of Punjab and Haryana, Chandigarh. LPA No. 71 of 2010 (O&M) Date of Decision: 21.01.2010 Madan Lal ....Appellant Versus HMT Ltd. and others ....Respondents. Coram:- Hon'ble Mr. Justice Adarsh Kumar Goel Hon'ble Mr. Justice Alok Singh Present: Mr. Ashok Sharma Nabhewale, Advocate for the appellant. ... Adarsh Kumar Goel, J. (Oral). 1. This appeal has been preferred against the order of learned Single Judge dismissing the writ petition filed against the order of eviction under the provisions of the Public Premises (Eviction of unauthoised occupants) Act, 1971. 2. Appellant was employed with the respondents and retired from service on 30.9.2008. He failed to vacate the premises occupied in his capacity as an employee of the respondents, which led to the initiation of proceedings for eviction. Objection of the appellant was that other employees who had retired, were also continuing to occupy the premises and till they were not evicted, the appellant could not be evicted. This objection was rejected, which led to filing of writ petition by the appellant. Learned Single Judge dismissed the writ petition rejecting the plea of discrimination and held that once an employee was found to be in LPA No. 71 of 2010 2 unauthoised occupation of the public premises, order of eviction had to follow. 3. We have heard learned counsel for the appellants and perused the record. 4. Only contention raised is that eviction of the appellant was discriminatory. 5. This contention cannot be accepted. It has not been disputed that the appellant is in unauthoised possession. He has no right to continue merely because some other persons have been allowed to occupy the official quarters. There is no right of negative equality. 6. In view of the above, we do not find any ground to interfere with the view taken by learned Single Judge. Accordingly, the appeal is dismissed. 7. Learned counsel for the appellant seeks time to vacate. 8. We allow this prayer and if an undertaking is filed by the appellant within ten days from today to vacate the premises by 31.3.2010 and to clear all the dues and not to create any third party right, order of eviction will not be executed till then. 9. The appeal is disposed of. ( Adarsh Kumar Goel ) Judge ( Alok Singh ) Judge 21.01.2010 sk.