J (p c^L^T II..^^I^LCOQES?QF_jmacATiRs. AS:®^p@fl_i^g|n2^^^1 'T" WEQ^ EBTIT^O110< ^^H <3i? g0©t ,/ ^c^ q^Q4.G^^-r7e^ M^^^:/ .•<^i^ SiBfe.La3CBi ©eyiGupta)wldowGf ^'L^ late B.S.&upta,oeciapatioia: School ^^ / Teacher,Adiaa Jathl Kalyafa Vlbhag, ^-y-^ / Gopalpur,dist,.Korba(G.G), resident •I of~Qr^No;A-l5©3Kaveri tihar, N.T.P.C., Jaminipali, Korba (G.G). ey.' ei^S^' 1 .<y^ ' '^ 1 RBSPOKI®NTs 7s. Hatiooal Taermal Power Corporation Ltd»^ tlarough Geiaeral Maaager, Korba (C»G). AKIICEK 226/^'^s^ ^HF GQSSE^^QS ^J^S^. A-P^ HIGH COURT OF CHHATTISGARH AT BILASPUR PET1TIONER WRIT PETmON ,2004 of2003 : Smt. Laxnii Devi. VER8US RESPONDENT : National Thermal Power Corporation Ltd. vVRIT PETmON UNDER ARTICLE 226/227 OF 'IBE CONSTrmnON OF INDIA SB: Hon'ble Shri Satish K. Agniiiotri,^ Present: Slm Anand Pandey, Advocate fbr the petitioner. Dr. N.K.Shukla- Semor Advocate with Slm Gautam Bhaduri, Advocate for the respondent. ORDER(ORAL) (Passed on 01st day of April, 2010) Challenge m this petition is to the notice dated 19.03.2003 (.^nnexure P/4) for vacating the quai-ter No. A-1503 Kaveri Vihai-, allotted provisionally to the petitioner, and the letter dated 14/20.05.2003 (Annexure P/5) whereby the petitioner was again directed to vacate the quarter within a week's tiine from the receipt ofthe letter. The facts, in nutshell, are that Late R.S.Gupta, husband ofthe petitioner was an employee ofthe respondent. Due to cancer, the husband died in the year 1999, in hamess. During Iiis sei-vice, the deceased was allotted quarter No. B-1025. On death of her husband, tlie petitioner made a request for allotment ofaltemate accoimiiodation. Having considered all the aspects, the petitioner was allotted quarter No. A/1503 in Kaveri Vihar township with the foilowmg conditions : "1. Allottee would be requii'ed to deposit rent electricity and water charges at the following rates to NTPC Korba ttoough cheque/DD m the name ofNTPC, Korba. i. Rent ' : 2.5 % ofbasic p.m. ii. Electricity : Rs, 8 p.m. iii. Water The cheque/DD will be deposited in the Finance Deptt. NTPC Korba under intimation to Estate Office. 3. Iii case for any reason Smt. Laxiiii Gupta is not staying m the quarter, the quarter will be handcd over back to Estate OfficeofKSTPS. 4. The allotmerit is further subject to the fbllowing conditiom. 3.a Allottee shall be responsible fbr safety of all fittmgs and fixtures and liable for loss or damage to such fittings both civil & electrical. 3.b Allottee shall look after the quarter allotted to him by the Corporatioii and shall keep the quarter clean and tidy. 3.c Allottee shall not subject either on rent or without rent the acconmiodation allotted to him. 3.d) Allottee shall not constmct any type of stmcture, temporary/pemianent oii/around ' tlie accommodation allotted without prior permission or make any additiorL/altemation without the specific approval of the appropriate aufliority. The management will have the riglit to g@t the addition alteration removed. All cost on this account will be bom bv him aiid tlie same shall be recovered. 3.e. The above quarter is temporarily allotted to you oniy upto the period ofyour posting with _Further due to any reason ifyou will leave the Vidyalaya the qtr. must be vacated & handed over to Estate Office. 3.f Allottee shal! not keep aiiy cattle/poultiy in the house. 3.g. ^lottee shall not use the premise for a.ny undesirable or anti-management activities. 3.h. Aliottee shall abide by the sec-urity mles/orders prevalent. 4. Allottee shall abide by all the directives and iiistmctions issued by the coq5oration from time to time. 5. AliottQQ shall not allow any outsider to enter the quarter vdio enter the township in violation of security regiilation and does not hold a valid pemiission granted by the security department. 6. Allottee shall not allow any outeider to hold a meeting within premises under his occupation, prejudicizi.l to interest ofthe Corporation and shall not participate in any such meeting. 7. Qr. No. B/1025 must be vacated with 07 days." Thereatter, after a period of four years, a notice was sent to the petitioner on 19.03.2003 stating tlierein that the petitioner has not paid the rental charges and electricity charges ever siiice the quarter was in her possession and as such, her possession was unauthorized for non payment ofrent and electricity charges. Thereafter, the linal notice was issued for vacatmg the quarter under fhe Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (for short 'the Act, 1971') on 14/20.05.2003 (Aimexure P/5). The oetitioner filed the oresent writ petition seeking auashins ofthe imDusaied 5. 6. letter/notice with a prayer that the petitioner may be allowed to continue with the accommodation on payment ofnoiTnal rate ofrent i.e. @ 2.5 % of the bastc pay including electricity charges and furfher tliat the children of the petitioners may be gi'anted compassionate appointment. Shii Pandey, leanied counsel appearing for the petitioner submits that the petitioner, during pendency of this petitioti has deposited a sum of Rs. 11J10/- pursuairt to the order dated 01.12.2006 passed by this Court. On 19.12.2007, this Court, having considered all flie aspects of the matter, passed the following order: "Ifthe petitioner is bonafidely ready to comply with the order ofthe Court and she says for flxing the installments, theu in all propriety it would be just and proper to fix the reasonable amount of mstallments, particularly, lookiiig to the present condition of the petitioner and also looking to thejob which she is doing. Considermg all these facts aiid circunistances aiid after hearing both the counsel for the parties, it is directed that now flie petitioner shall deposit fhe amount ofRs. 40,000/- in 4 monthly mstallments of Rs. 10,000/- each to comply with the order ofthis Court and ttie flrst mstallment ofRs. 10,000/- shall be deposited within a period of 7 days from today aiid the subsequent mstallmerit shall be deposited within 10 days after completion of 30 days from the first installiTient and so on and so forth. Ifthe petitioner coniimts aiiy default in making payment as per above mode, the stay brder granted earlier shall automatically stand vacated without fiirther reference to the Beneh." Shi'i Pandey failher submits that the petitioner has farther dq)osited a sum ofRs. 40.000/- pursuanttothe order dated 19.12.2007 On the other hand, Shi'i Shukla. leamed Senior Counsel appearing wifh Shri Gautam Bhaduri, counsel for the respondent submit fhat the petitioner was allotted quarter on humanitarian CTound. ?The petitioner was allowed to continue for more than four years without any pa^Tment towards rent and eiectricity charges. However, no order under provisions offhe Act, 1971 could be passed on accourrt of the stay granted by this Court on .11.07.2003. ^ -r^^»^.^^ ""•< •<S^8fe^»-:-'^ ;; ^, 4 7. Be that as it may, 011 consideration ofthe subniissions made by the parties and perasal of the documcnts, it is evident that the widow of fhe deceased employee is not entitled to retain the official accormnodation for more thaii four months. However, she was allowed to retain for four years. Pursuant to the order ofthis Court, the petitioner has continued till date in the official acconimodation unauthorisedly. In respect of payment of rent and electricity charges, no fmal order can be passed as the matter is still pending consideration under the Act, 1971. 'Tlie claim ofthe petitioner that the rent should be only 2.5% ofthe basic pay mcluding electricity charges is not sustainable iii law as the petitioner is not an employee of the respondent-Corporation. The petitioner is admittedly an employee ofthe State Govenmient. Thus, the contention of the petitioner is without any basis and deser\7es to be rejected. 8. Since the matter is still pending consideration under the provisions of the Act, 19971, the petitioner may file reply to fhe impugiied notice at the earliest and the authorities may consider the deposit ofrental and electricity charges and thereaiter after pass appropriate orders without being iiifluenced by any observations, ifany, made hereinabove, 9. The petitioner shall not be disturbed till the disposal ofthe case before the Estate Officer, subject to payment of regular rent and electricity charges asid asTears, ifany, the same may also be deposited within a period offour months. 10. With the aforesaid obsen7ation and dii'ection, the writ petition is disposed of. Sd/- Satish K. Agnihotri Judge Ainit