IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTEENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MR JUSTICE G.CHANDRAIAH WRIT PETITION NO : 6092 of 2007 Between: Smt.Jeeja Bai W/o.Late Eswarlal, r/o.H.No.429/1, Railway Block, North Lallaguda, Secunderabad - 500 017. ..... PETITIONER AND 1 The South Central Railway, rep. by its General Manager, Railnilayam, Secunderabad. 2 The Divisional Railway Manager, South Central Railway, Railnilayam, Secunderabad. 3 The Chief Workshop Manager (P), South Central Railway, Lallaguda, Secunderabad. 4 The Workshop Personnel Manager, South Central Railway, Lallaguda, Secunderabad. 5 The Inspector of Works (IOW), South Central Railway, Lallaguda, Secunderabad. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue any writ, order or direction more particularly one in the nature of Certiorari calling for records in connection with the order dated 06.03.2007 in O.A.No.499/2006 on the file of Central Administrative Tribunal, Hyderabad Bench and by quashing the same, allow the O.A. as prayed for and pass such other order or orders. Counsel for the Petitioner: MR.P.V.L.BHANU PRAKASH Counsel for the Respondents: MR.P.GANGA RAMI REDDY The Court made the following : THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MR JUSTICE G.CHANDRAIAH WRIT PETITION NO :6092 of 2007 ORDER: (Per Hon’ble Smt. Justice T. Meena Kumari) This writ petition is filed by the petitioner seeking to set aside the order, dated 06.03.2007 passed by the Central Administrative Tribunal in O.A.No.499 of 2006. The petitioner herein is the applicant before the Tribunal. Originally, she filed the above O.A. seeking to declare the proceedings of the respondent dated 8.8.2006 ordering her to vacate the quarter No.429/1 ‘J’ Type, North Lallaguda, secunderabad allotted to her deceased son Madan Lal as arbitrary and illegal and consequently, to direct the respondents therein to continue her in the said quarter for a period of 24 months as per Serial Circular No.62/1999 Circular letter No.P (R) 544/IV, dated 3.3.1999 by collecting the normal charges towards rent for the said quarter. The tribunal having observed that the applicant is not entitled to occupy the quarters in question after demise of her son in terms of Master circular on allotment of quarters and retention thereof on transfer etc., dismissed the O.A. Having aggrieved by the same, the present writ petition has been filed by the applicant. Heard the learned Counsel for the petitioner-applicant and the learned Counsel appearing for the respondents and perused the material available on record. On a perusal of the relief that is sought for in the O.A., it is apparent that the O.A. was filed in the year 2006 seeking a direction to the respondents-authorities to continue in the quarters in question for a period of 24 months. By now, the time that was sought for in the O.A. to continue in the quarter, has already completed. In this view of the matter and in the facts and circumstances of the case and in view of the circular on allotment of quarters, We have no hesitation to hold that the time that is sought for in O.A. has already been availed during the pendency of the proceedings and as such, the applicant is not entitled to continue in the quarters in question. However, time is granted to the petitioner till 30th April, 2008 to vacate the quarters. At this stage, the learned Counsel for the petitioner submitted that the retrial benefits have not yet been released on the ground that the applicant has not vacated the quarters. In view of the above submission, We make it clear that the respondents shall release the retiral benefits after vacating the quarters in question i.e., within a period of three weeks thereafter. Subject to the above observations, the writ petition is disposed of. No order as to costs. ________________________ Justice T. Meena Kumari _____________________ Justice G. Chandraiah Date: 13th March, 2008 Nn/Gurc. THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MR JUSTICE G.CHANDRAIAH WRIT PETITION NO : 6092 of 2007 (Order delivered by the Hon’ble Smt. Justice T. Meena Kumari) 13/03/2008