IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTIETH DAY OF SEPTEMBER TWO THOUSAND AND TEN PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.2209 of 2002 Between: Tothan Ramamurthy ..... PETITIONER AND The Singareni Collieries Co.Ltd. Rep.by its General Manager .....RESPONDENT The Court made the following: THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.2209 of 2002 O R D E R: The petitioner questions the office order issued by the respondent dated 10.04.2001 directing the petitioner to hand over the quarter to the respondent company within a week, failing which the penal rent of Rs.1,500/- would be recovered from the salary of the respondent on the ground that the quarter No.3173 of Godavari colony was allotted in favour of the petitioner vide letter dated 18.01.2001 on the analogy that he was appointed on 18.05.1979, but in fact he was appointed on 24.12.1983 and therefore, the allotment of the quarter was cancelled. It is not in dispute that the date of appointment of the petitioner as a Coal Cutter was on 24.12.1983 and the said quarter was allotted on the basis that he was appointed on 18.05.1979 and therefore, it cannot be said that the said cancellation order canceling the allotment is illegal and unsustainable. However, this Court admitted the writ petition on 13.02.2002 and thereafter by order dated 25.06.2002 directed the respndent not to deduct the penal rent until further orders. Thus, this Court granted stay of collection of penal rent alone but not the cancellation of the allotment. The learned counsel for the petitioner submitted that if the date of appointment of the petitioner is taken into consideration as 24.12.1983, his turn might have already come for allotment of quarter. As this Court did not grant any stay of the cancellation of the allotment order, the learned counsel for the petitioner submits that in view of the interim order granted earlier, no further orders are required to be passed in this writ petition. Having regard to the facts of the case, I am of the opinion that as the allotment of the quarter in favour of the petitioner was made for no fault of the petitioner, the petitioner cannot be penalized. Therefore, the Writ Petition is disposed of in terms of the interim order dated 25.06.2002. No order as to costs. ________________ V.ESWARAIAH,J Dated: 30.09.2010 Dsr