THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITON No.10112 of 2008 Date:25.08.2010 Between: P.Veeralingam. ……..Petitioner And Singareni Collieries Company Ltd., Rep by its Chairman & Managing Director, Kothagudem, Khammam District and others. ……Respondents THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITON No.10112 of 2008 ORDER: This writ petition has been taken out by P.Veeralingam seeking mandamus declaring the proceedings No.SRP/PER/20.012/1205, dated 14.3.2008 issued by the General Manger, Singareni Collieries Company Limited, Adilabad-2nd respondent as illegal and arbitrary. The petitioner joined in Coal Chemical Complex, Singareni Collieries Limited, Narsapur as a Plant Assistant pursuant to the office order dated 22.1.1979. Quarter No.C-45 has been allotted to him. He has been residing in the said quarter since the date of joining as Plant Assistant in Coal Chemical Complex in the year 1997. Consequent on closer of the Coal Chemical Complex, he has been transferred to Ramagundam Coal Area. But he continued to be in occupation of Quarter No.C-45. According to him, the authorities orally permitted him to stay in the quarter along with his family in CCC Town Ship, Srirampur area. The 2nd respondent issued proceedings dated 14.3.2008 directing the petitioner to vacate and handover the quarter and also pay rent as per the rules as indicated as hereunder:- “1. Rs.1.500/- per month for the 1st three months i.e. from March to May, 2008. 2. Rs.2,500/- per month from 4th to 6th month i.e. from June to August, 2008. 3. Rs.4,500/- per month from 7th month onwards i.e., from September, 2008.” The said proceedings is assailed in this writ petition. Rule Nisi came to be ordered on 1.5.2008. The interim order has been passed on the even date directing the respondents not to insist for payment of rent and permit the petitioner to occupy the Quarter No.C-45 of CCC Town Ship, Srirampur area. The respondents entered appearance and filed counter with a prayer to vacate the interim order dated 1.5.2008 passed in the writ petition. It is stated in the counter affidavit, the authorities never permitted the petitioner to continue in occupation of the Quarter No.C-45 after his transfer to Ramagundam Area. Para No.7 of the counter needs to be noted and it is thus:- “In reply to para 4, the averment of the petitioner that may other workmen who have been working in other areas were also permitted to stay in the quarters in CCC Township and that many of the workmen who were allotted in CCC Town ship are working in Goleti Area which is more than 40 km away from CCC Township and that none of them are being disturbed, is denied and the petitioner is put to strict proof of the same. It is submitted that in fact due to the exist of the employees, quarters are getting vacated and the same are being allotted as per the procedure. Due to closure of the Coal Chemical Complex, the petitioner was transferred to erstwhile RG.IV Area vide Order No.P(PM)/5/3932/MP/T-304, dated 23-8-2000. it is submitted that the General Manager, RG.IV was requested vide Letter No.SRP/PER/20-003/6915, dated 20-12-2004 to adivse his employees to vacate the quarters are not vacated. Further, individual letters were issued to he concerned employees to vacate the quarters at CCC Township in SRP Area. As such, the averment of the petitioner that he was permitted to stay in quarter No.C-45 CCC Township on his transfer to RG Area is not correct and as such it is denied.” When the vacate stay petition came up for consideration, with the consent of the counsel appearing for the parties, the writ petition is taken up for final disposal. Learned counsel appearing for the petitioner submits that the petitioner has been staying in the Quarter No.C-45 since the year 1997 as he has not been allotted any quarter in Ramagundam Area. Per contra, the learned counsel appearing for the respondents submits that the petitioner has not made any application for allotment of quarter in Ramagundam Area and that no point of time, the petitioner has been permitted to continue in occupation of the Quarter No.C-45, CCC Town Ship. Though the petitioner asserted that he has been permitted to continue in occupation of the Quarter No.C-45, CCC Town Ship on his transfer to Ramagundam Area, he is not placed any material to substantiate the same. Indisputably, the petitioner has been transferred to Ramagundam Area consequent on closure of Coal Chemical Complex. He has to make an application to the authorities for allotment of quarter in Ramagundam Area. Without making any such application, he cannot be permitted to contend that he is entitled to continue in occupation of the Quarter No.C-45, CCC Town Ship as no quarter has been allotted in Ramagundam Area. Therefore, the contention of the petitioner that he is entitled to continue in occupation of the Quarter No.C-45 cannot be accepted. With regard to the recovery of the amounts, the petitioner being in occupation of the quarter No.C-45 despite his transfer to some other unit, the respondents are at liberty to recover rents as per the rules in force. The learned counsel appearing for the petitioner submits that the petitioner needs at least six months time to vacate the quarter. Considering the facts and circumstances of the case, the writ petition is disposed of granting six months’ time to the petitioner to vacate the Quarter No.C-45 subject to his paying rents as per the Circular dated 27.11.2001. No order as to costs. ` _______________________________________ JUSTICE B. SESHASAYANA REDDY Date:25.8.2010 mrb